1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR O R D E R S.B. Criminal Misc. Petition No. 877/2009 S.B. Criminal Misc. Stay Application No. 1311/2009 {Kishore Kumar & Others Versus The State of Rajasthan & Another} Date of Order :: 8th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Vijay Jain Counsel for the petitioners Shri O.P. Singhaniya, PP for the State BY THE COURT: The petitioners have preferred this petition under Section 482 Cr.P.C. for quashing the impugned order dated 23th November, 2006 passed by the Chief Judicial Magistrate, Hanumangarh Junction, whereby the said Court has taken cognizance against the petitioners for the offence under Section 498 A IPC. 2. The submission of learned counsel for the petitioners is that even as per the contents of First Information Report / charge sheet, the trial court had no jurisdiction to take cognizance against the petitioners. He further submits that although the order was passed in the year 2006, but the petitioners 2 could not challenge the same immediately as they were not aware about the said order and they preferred this petition as and when they were summoned in pursuance of the impugned order. 3. I have considered the submissions of learned counsel for the petitioners. 4. It appears from the impugned order that the cognizance was taken ex-parte i.e. without hearing the petitioners, therefore, in my view, it will be appropriate to direct the petitioners to move an appropriate application agitating the point taken in this petition before the said Court itself. In case the application is filed by the petitioners, then the said Court will consider the same on merits and decide the same after hearing the parties in accordance with law. 5. Consequently, the petition is disposed of with the direction that in case the petitioners move an application in the trial court agitating the above referred submissions, then the said Court will decide the same in accordance with law after hearing both the parties. 6. Since the main petition itself has been disposed of, the stay application, filed 3 therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN), J. DK