JUDGMENT 1. - This criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 13.1.2006 passed by Additional Chief Judicial Magistrate, Chomu, district Jaipur taking cognizance against the accused petitioners of the offences under Sections 498A, 304-B IPC. 2. Briefly stated the facts are that on the basis of parcha bayan of the deceased Kavita recorded on 27.10.2005 a case was registered at the police station Chomu and after investigation the police filed a challan against the accused Vimla under Sections 498A, 304B IPC. The complainant then filed an application fa- taking cognizance against the accused petitioners and others of the offences under Sections 498A, 304B, 406 IPC. Learned Additional Chief Judicial Magistrate, Chomu passed the impugned order dated 13.1.2006 taking cognizance against the accused petitioners of the offences under Sections 498A, 304B IPC. Aggrieved by this order the accused petitioners have filed this revision petition. 3. Heard learned counsel for the petitioners, learned public prosecutor and learned counsel for the complainant. 4. After hearing the rival submissions I have come to the conclusion that the Magistrate could not have issued process against those persons who were not charge-sheeted by the police as the power to summon a new offender was not vested with the Magistrate under Section 209 Cr.P.C. When the case comes after commitment to the of Sessions and evidence is recorded, it may then in exercise of its powers under Section 319 Cr.P.C. on the basis of evidence recorded by it, if circumstances warranting, proceed against the petitioners to stand trial along with the accused already committed. 5. Consequently, this revision petition is allowed, and the impugned order is set aside.Revision Allowed-Impugned Set Aside. *******