HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7530/2024 1. Mukesh S/o Jaitram, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). 2. Jaiprakash S/o Jhabar, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). 3. Rajendra S/o Prabhudayal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). 4. Raju D/o Jhabarmal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). 5. Sushila D/o Jhabar, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). 6. Mukesh D/o Prabhudayal, Resident Of Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Jugal Kishore S/o Siyaram, R/o Dhani Jhilowali, Tan Gram Salwadi, Police Station Khandela, District Sikar (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 07/01/2025 1. By way of filing of this petition, a challenge has been led to the impugned order dated 18.04.2024 passed by the Judicial Magistrate, Khandela, District Sikar, by which the (2 of 2) [CRLMP-7530/2024] application filed by the respondent under Section 319 Cr.P.C. has been allowed and cognizance has been taken against the petitioners. 2. Admittedly, the order of taking cognizance is revisable, against which a revision petition under Section 397 Cr.P.C. is maintainable before the Court of Sessions, but without availing said remedy and bypassing the jurisdiction of the Revisional Court, this petition has been filed under Section 528 BNSS. 3. In the considered opinion of this Court, when the petitioner has alternative remedy of filing Criminal Revision Petition under Section 397 Cr.P.C., this petition is not maintainable and the same is dismissed on this count alone, granting liberty to the petitioner to file a statutory revision petition under Section 397 Cr.P.C. before the Court of Sessions. 4. In case, such revision petition is submitted by the petitioner within a period of one month from today, it is expected from the Revisional Court to hear and decide the same after affording due opportunity of hearing to other side, ignoring the period of limitation, strictly in accordance with law. 5. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/133