1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.820/2010 (Devender & Anr. Vs. State & Ors.) Date of Order : 29.09.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. G.R. Goyal, for the petitioners. Mr. Anil Joshi, Public Prosecutor. In this misc. petition filed under Section 482 Cr.P.C., the petitioners are challenging the order dated 3.2.2010 passed by learned Addl. Sessions Judge No.2, Sri Ganganagar in criminal revision No.74/2009 whereby the learned revisional Court remitted the case to the learned Magistrate with the direction that he may pass a fresh order after giving reasons for accepting or not accepting the finding of final report. Learned counsel for the petitioners argued that in para-5 of the order passed by revisional Court, there is finding that no offence is made out and inspite of that the matter has been remitted to the concerned Magistrate for passing fresh order which is not correct because, there is finding in the order that no offence is made out therefore, the revisional Court ought to have 2 quashed the order as a whole but erroneously remitted the case to the concerned Magistrate for passing fresh order. I have considered the arguments advanced by learned counsel for the petitioner. In my opinion, no error has been committed by revisional Court while quashing the order dated 26.11.2007 and remitting the case to the concerned Magistrate for passing fresh order. The order impugned is in consonance with the settled preposition of law that in the event of passing order of cognizance upon final report, the reasons given by the investigating officer in the final report should be considered and reasoned order should be passed. In this view of the matter, no case for interference is made out while exercising the power under Section 482 Cr.P.C. Hence, this criminal misc. petition is dismissed. (GOPAL KRISHAN VYAS), J arun