[2025:RJ-JP:2667] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.8729/2024 Yash Peshwani S/o Ramchandra, R/o E-5, Gali No. 1, Krishna Nagar, Kota (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Arvind Kalwar S/o Pyarelal, R/o Near Vijay Dwar School, Sarwar, District Ajmer. ----Respondents For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 20/01/2025 1. By way of filing this petition, a challenge has been lead to the impugned order dated 27.07.2023 passed by Judicial Magistrate, Sarwar, District Ajmer by which the cognizance has been taken against the petitioner for the offences under Sections 420, 406 & 504 IPC. 2. Admittedly, the order of taking cognizance is a final order, which is revisable under Section 397 Cr.P.C. but without availing the remedy of filing revision under Section 397 Cr.P.C. before the Revisional Court, the petitioner has straight-away approached this Court by way of filing of this petition. 3. It is a settled proposition of law that revision petition against the final order is maintainable under Section 397 Cr.P.C. but without availing the alternative remedy of filing criminal revision [2025:RJ-JP:2667] (2 of 2) [CRLMP-8729/2024] petition before the Revisional Court, the petitioner has straight away approached this Court by way of filing this petition. 4. In view of above, the instant petition stands disposed of granting liberty to the petitioner to file criminal revision petition under Section 397 Cr.P.C before the Revisional Court. 5. Stay application as well as all applications (pending, if any) also stand disposed of. 6. In case, any revision petition is submitted by the petitioner under Section 397 Cr.P.C. before the Revisional Court. It is expected from the Revisional Court to hear and decide the same on its merits after affording due opportunity of hearing to the other side. (ANOOP KUMAR DHAND),J Karan/23