JUDGMENT 1. - This revision petition is directed against the order dated September 13, 1972, of the learned Sessions Judge, Alwar, whereby he set aside the order passed by learned Sub-Divisional Magistrate, Kishangarh Bas (Alwar) dated May 2, 1968, discharging the accused-petitioners. 2. The facts giving rise to this revision petition are that Ramkumar, in the capacity of power of attorney holder of Badri Prasad, filed a complaint in the Court of Munsilf-Magistrate, Kishangarh Bas (Alwar) on September 14, 1967, against the petitioners under sections 379 and 392, I. P. C. The case of the complainant before the learned Magistrate that khasra' Nos. 1367,1369, 1374, 1375, 1376 and 1389 were mortgaged to Badri Prasad by a registered mortgaged deed dated May 20, 1967, and in pursuance of that Badri Prasad came in physical possession of the above mentioned `khasras', who cultivated the land. On September 13, 1967, the petitioners formed an unlawful assembly, trespassed into the field, and committed theft of the standing crop. The complainant approached the police for help, but nothing substantial could be done. It was also prayed that process may be issued and the article of theft may be ordered to be seized. The learned Magistrate, after recording the statements of complainant Ramkumar and his witness Amirchand issued process against the accused-petitioners. On September 15, 1967, the accused-petitioners presented themselves before the court and submitted an objection petition praying that the complainant bad made certain false averments before the learned Magistrate, as there was no prima facie case against them and they should be discharged. On February 19, 1968, the learned Magistrate exempted the personal presence of the complainant and posted the case on April 2, 1968, for recording the evidence of the complainant. Thereafter the case was transferee to the Court of learned Sub-Divisional Magistrate, Kishangarh Bas (Alwar). The learned Sub-Divisional Magistrate without revising the order of the learned Magistrate dated February 19, 1968, heard the arguments on the application dated September 15, 1968, submitted by the accused-petitioners and he passed order dated May 2, 1968, discharging all the petitioners on the ground that a revenue suit was pending between the parties and continuance of these proceedings in the criminal court will lead to multiplicity of proceedings. 3. 3. Being aggrieved with this order the complainant filed a revision before the Sessions Judge, Alwar, who by his order dated September 13, 1972, set aside the order dated May 2, 1968, passed by the learned Sub-Divisional Magistrate, Kishangarh Bas (Alwar). Hence this revision petition. 4. I have heard the learned counsel for the parties. The jurisdiction of this Court under section 439, Cr. P.C. is normally to be exercised only in exceptional-cases, when there is a glaring defect in the procedure or there is a manifest error of point of law and consequently there has been a flagrant miscarriage of justice. The stage at which and the grounds on which the learned Sub-Divisional Magistrate has discharged the accused-petitioners, cannot be held to be justified. 5. I find no force in this revision petition and it is dismissed. *******