S.B.CRIMINAL MISC. PETITION NO.1126/2006 Date : 01.08.2007 HON'BLE MR. SATYA PRAKASH PATHAK, J. Mr. M.K. Garg for the petitioner(s). Mr. Ashok Upadyaya, Public Prosecutor for the State. Mr. K.D. Singh for non-petitioner. By moving the present criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 24.07.2006 passed by learned Additional Chief Judicial Magistrate, Sri Karanpur in Criminal Case No.445/2006, whereby the learned trial court took cognizance against the petitioners for offences under Sections 498A and 406 IPC. During the course of the argument, it has been revealed that order of the learned trial court taking cognizance is revisable and no revision petition has been filed as provided by the law. If that is so, then, exceptional powers under Section 482 Cr.P.C. would not be invoked first. In view of above, the misc. petition stands disposed of with the observation that the petitioner shall be free to move revision petition before the concerned Court and the time spent in pursuing the remedy before this Court shall not come in way of the petitioner for the purpose of calculating the period of limitation. (SATYA PRAKASH PATHAK), J.