JUDGMENT 1. - In this revision petition, the petitioner has assailed the order dated 25.7.2002 of Special Judge (Forged Currency Note Cases) Jaipur City in Cr. Rev. No. 202/01 thereby quashing order of ACJM No. 2, Jaipur City, dated 30.10.01, but directing the trial Court to take cognizance for offence under Section 420, IPC against the petitioner and to send the matter for further investigation to Information & Technology Department, so as to examine short comings of Computer. 2. Shri R.S. Rathore, learned counsel for the petitioner submits that the revisional court could not issue direction to the learned Magistrate for taking cognizance for offence under Section 420, IPC, but it should have only passed order keeping in view provisions of section 398, Cr.PC., which reads as follows : "398. Power to order inquiry On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of sub - section (4) of section 204 or into the case of any person accused of an offence who has been discharged : Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made." 3. Shri Rathore submits that revision petition be allowed and the matter be remanded to the revisional court with the direction to pass afresh order keeping in view provisions of section 398, Cr.PC. 4. Shri G.P Kaushik, learned counsel for the complainant respondent and learned Public Prosecutor has supported the impugned order. 5. I have heard learned counsel for both the parties and considered their rival contentions, and perused the impugned order, and material on record.
4. Shri G.P Kaushik, learned counsel for the complainant respondent and learned Public Prosecutor has supported the impugned order. 5. I have heard learned counsel for both the parties and considered their rival contentions, and perused the impugned order, and material on record. As per provisions of section 398, Cr.PC, on examining the record under Section 397, CrPC, on examining the record under Section 397, CrPC, or otherwise, this Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make, and he may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint, which has been dismissed under Section 203 or 204(3), CrPC, but in the instant case, revisional court below, while setting aside order of learned trial Magistrate has issued direction to him for taking cognizance for offence under Section 420, IPC. In view of provisions of section 398, CrPC, I am of the considered opinion that revisional court below has exceeded its jurisdiction to issue such direction to the trial Court for straight forward taking cognizance of offence punishable under Section 420, IPC, as such a direction offends to provisions of section 398, CrPC, resulting in miscarriage of justice, manifest illegality and perversity, warranting interference by this Court in its revisional jurisdiction.Consequently, this revision petition is partly allowed. The impugned order dated 25.7.2002 of revision court-Below issuing following direction is quashed & set aside : " fo}ku v/khuLFk U;k;ky; dks funsZ'k fn;s tkrs gSa fd os iqu% i=koyh dk voyksdu djrs gq, fof/k vuq:i /kkjk 420 Hkk0n0la0 esa vfHk;qDr ds fo:) izlaKku vkns'k ikfjr djus ,oa tgka rd dEI;wVj esa dfe;ksa dk iz'u gS] iqfyl dks bl lEcU/k esa l[r fgnk;r nsrs gq, U;k;k;y ds vkns'kksa dh Hkkouk dk vknj gq, ,oa fcuk iwokZxzg ls izsfjr gq, dEI;wVj esa crk;h x;h [kkfe;ksa dh tkap lwpuk ,oa izkS|ksfxdh foHkkx jktLFkku ljdkj t;iqj ls djokdj 'kh?kz fjiksVZ U;k;ky; esa ryc djus gsrq vkns'k iznku djsA " The matter is remanded to the Chief Judicial Magistrate Jaipur City to make further/inquiry into complaint in question and pass appropriate order. The record of courts below be sent back forthwith alongwith copy of this order. *******