1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.518/2005 Shanker vs. State of Rajasthan Date of Order ::::: February 18,2009 Present HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Vishwajeet Mantri for the petitioner Mr. Javed Chaudhary, P.P. Mr. Rajesh Sharma for respondent nos.2 and 3. A complaint was filed by the petitioner Shanker against respondent nos.2 and 3 for commission of offence under Sections 447 and 435 IPC. The police after investigation submitted a negative final report in the court of Judicial Magistrate, Shahpura. The petitioner filed a protest petition. The Judicial Magistrate after recording statements of the petitioner and his witnesses vide order dated 18.11.2002 took cognizance against accused Babu Lal and Bheron Lal under Sections 447 and 435 IPC. Against this order respondents Babu Lal and Bheron Lal preferred a revision which came to be decided by larned Additional Sessions judge, Shahpura vide 2 order dated 19.2.2005 whereby the order of the trial Magistrate taking cognizance against the respondent Nos. 2 and 3 was quashed. Heard learned counsel for the parties. Suffice it to say that an efficacious remedy is available to the petitioner in the form of a revision petition and the petitioner has not availed of the same. Learned counsel for the petitioner facing with this situation has prayed that in the interest of justice this misc. petition be treated as revision petition. Such prayer of the counsel for the petitioner is allowed. This criminal misc. petition now be treated as revision petition and be registered as such. Petitioner is directed to file amended cause title and the registry is directed to list this criminal misc. petition as a revision petition. With the observations aforesaid,the criminal misc. petition stands disposed of. (Bhanwaroo Khan),J. bairwa