CMP 1821/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CRIMINAL MISC. PETITION NO.1821/07 Kalicharan & Ors. Versus Bijjolal Sharma DATE OF ORDER :: 24/10/2007 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anil Upman, for petitioners *** Instant petition has been filed assailing the order dt.6th September, 2007 whereby learned trial Judge took cognizance against accused-petitioners under order impugned. Order impugned in instant petition, in opinion of this court, is revisable and revision petition u/s.397 Cr.P.C. is maintainable. Earlier when matter camp up before this court on 22nd October, 2007, counsel for petitioner was called upon as to whether against the order impugned taking cognizance against him, revision petition u/s.397 Cr.P.C. is maintainable or not. Counsel submits that since order taking cognizance against accused-petitioners in the instant matter is apparently abuse of the process, as such he can invoke the provisions of Section 482 Cr.P.C. as well and in support of his submission, counsel has placed reliance on the judgment in Adalat Prasad Vs. Rooplal Jindal [2004 (6) CRJ-537]. CMP 1821/07 [2] There cannot be dispute that this court has inherent power u/s.482 Cr.P.C., but when remedy of revision is available, it is always advisable first to invoke in revision by a person who is aggrieved by the order taking cognizance against him. Without expressing any opinion on merits of the matter at this stage, misc. petition is hereby dismissed with liberty to petitioners to avail remedy of revision available to him u/s.397 Cr.P.C. The relevant papers on furnishing xerox copies be made available to petitioners. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.1821CMP2007 24-10.doc