[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 1281/2007 SALIM @ SALIM KHAN Vs. STATE OF RAJASTHAN & ANR. DATE: 02.05.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Ratan Kaushik for the accused-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal revision petition is directed against the order dated 25.08.2007 passed by the Additional Sessions Judge No.1, Jaipur City, Jaipur in Criminal Revision Petition No. 14/2007, by which while allowing the revision petition, the matter has been remanded back to the trial Court with direction to frame charge under Section 420 IPC against petitioner Salim @ Salim Khan and to proceed further in accordance with the provision of law and quashed and set-aside the order dated 06.04.2007 passed by the Additional Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate No.4, Jaipur City, Jaipur, whereby the petitioner was discharged from the offence under Section 420 IPC. The accused-petitioner by way of this criminal revision petition challenged the impugned order passed by the Revisional Court dated 25.08.2007 only to the extent of direction issued by the Revisional Court to frame charge under [2] Section 420 IPC against the petitioner. I have heard learned counsel for the accused-petitioner, learned Public Prosecutor for the State and carefully gone through the order impugned dated 25.08.2007 passed by the Revisional Court as well as the order dated 06.04.2007 passed by the trial Court. So far as remanding the matter back to the trial Court is concerned, the Revisional Court has not committed any illegality or error, but as the petitioner is aggrieved by the direction given by the Revisional Court to frame charge under Section 420 IPC against the petitioner, in the interest of justice, the direction of framing charge for the offence under Section 420 IPC against the petitioner vide order impugned dated 25.08.2007 is herewith quashed and set-aside and the trial Court is directed to hear afresh and frame charge against the petitioner on the basis of the evidence and material available on the record without influencing with the direction issued by the Revisional Court. With these observations, the criminal revision petition stands partly allowed. The stay application stands dismissed. (K.S. RATHORE),J. /KKC/