JUDGMENT 1. - Heard learned Counsel for the petitioner. This petitioner under Section 482 Cr.P.C. is directed against the order of Additional Munsiff & Judicial Magistrate, Sikar as well as the Sessions Judge, Sikar, in a criminal case registered at Police Station Raghunathgarh, District Sikar. The police after thorough investigation submitted a charge sheet against few persons and a negative report was submitted against the petitioners, who are women. However, the learned Magistrate took cognizance against the mon the application filed by the complainant vide impugned order dated 6.1 1.87. Against this order, a revision was preferred, but the same was dismissed by the learned Sessions Judge, Sikar on 5.3.92. 2. The learned Counsel for the petitioners submits that all the three petitioners are women and they are being falsely dragged to harass and defame them. According to the learned Counsel the police after a thorough investigation found that the three women petitioners were not connected with the crimes and submitted a negative report, but, still the learned Magistrate has taken cognizance without any cogent evident against them. 3. It is true that the petitioners are women and the police after investigation did not file any charge sheet against them. But, still the Magistrate had jurisdiction to take cognizance on the negative report submitted by the police. Against the order of taking cognizance by the Magistrate, the petitioners have already preferred a revision before the Sessions Court, which has been dismissed. The second revision is debarred under Section 397(3) Cr.P.C. and as such normally, this Court should not make any interference in exercise of powers under Section 482 Cr.P.C. to circumvent the specific bar contained under Subsection (3) of Section 397 Cr.P.C. unless a grave injustice. In the instant case the petitioners will have an opportunity to make their submissions/objections at the time of framing charge/charges by the Trial Court and the Trial Court shall be in a better position to Judge as to whether my prima facie case is made out against them or not.
In the instant case the petitioners will have an opportunity to make their submissions/objections at the time of framing charge/charges by the Trial Court and the Trial Court shall be in a better position to Judge as to whether my prima facie case is made out against them or not. So far the argument raised by the learned Counsel for the petitioner that they are women and they are being dragged in the Court of law, just to defame them and lower down their prestige in their family, is concerned, the same can be answered that the petitioners can move an application before the concerned Courtunder section 205/317 Cr.P.C. to dispense with their personal attendance in the Court and to appear through their pleader. If any such application is made by the petitioners, the same shall be considered keeping in view that the petitioners are women and the nature of accusation is not grave. With the above observation, the petition is dismissed. Petition dismissed. *******