1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO. 1286/2007 (Chokha Ram & Ors. Vs. State of Rajasthan ) Date of Order : 05.09.2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sumerdan, for the petitioners. Mr. Ashok Upadhyay, P.P. for the respondent State. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioners have challenged the order dated 26.7.2004 passed by Additional Sessions Judge, Bhinmal (for short 'the revisional court' hereinafter) whereby the revision petition filed by complainant Sonaram against the order dated 21.10.2002 passed by Additional Chief Judicial Magistrate, Bhinmal (for short 'the trial court' hereinafter) was allowed and the trial court was directed to take cognizance of the offences. It is contended by learned counsel for the petitioners that in pursuance of the order dated 26.7.2004, the trial court took the cognizance of the offences vide order dated 11.10.2004, that order came to be challenged by the petitioners 2 before the revisional court and the revisional court vide order dated 1.8.2006 dismissed the revision petition filed by the petitioners. From the facts as stated by the counsel for the petitioners, it appears that the petitioners accepted the order impugned and instead of challenging the order, waited for the order of the trial Magistrate to take cognizance and that order came to be challenged before the revisional court in Criminal Revision No.07/05 which came to be dismissed on 1.8.2006. Thus, now it is futile exercise to examine the correctness and validity of the order impugned since in pursuance of the order impugned, the trial court has already taken the cognizance vide order dated 11.10.2004 and having remained unsuccessful before the trial court, now the petitioner has challenged the order impugned. In this view of the matter, no case for interference is made out. The criminal misc. petition is therefore, dismissed. (H.R.PANWAR),J. rp