1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.379/2005 Shyam Lal vs. State of Raj. & Anr. Date of Order ::::: February 18,2009 Present HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Sunit Kumar Awasthi for the petitioner. Mr. Javed Chaudhary, P.P. Mr. Brij Sharma on behalf of Mr. R.B.Mathur for respondent no.2. A complaint was lodged by the petitioner against eight persons including respondent no.2 Bhanwar Lal, the then Excise Inspector, Nasirabad for commission of offence under Sections 323, 341 and 504 IPC in which the statements of the witnesses produced by the petitioner were recorded. The trial Magistrate vide order dated 25.9.2002 took cognizance against accused persons including Bhanwar Lal against which order, Bhanwar Lal filed a revision which came to be decided by learned Addl. Sessions Judge No.1, Ajmer. The revisional court by the order dated 19.6.2004 while setting aside the order of 2 cognizance dated 25.9.2000 remanded the matter back to the trial Magistrate for passing fresh order in accordance with after hearing both the parties. Feeling aggrieved by the order of the revisional court, the petitioner has filed the instant petition under Section 482 Cr.P.C. Heard learned counsel for the parties and perused the orders passed by the courts below. Suffice it to say that after taking into consideration the facts prevailing at the time the raid was arranged against the petitioner for recovery of illicit liquor and a case was registered against them, the revisional court has simply remanded the matter back to the trial Magistrate. Learned revisional court also found that the incident took place on 12.3.1989 and the complaint has been filed on 12.9.1990. Therefore, if the learned revisional court after taking into consideration the entire scenario setting aside the order of cognizance has remanded the case back to the trial Magistrate for hearing all the parties and for passing fresh order in accordance with law, no illegality can be found in the order passed by the revisional court so as to call for any interference by this Court while exercising jurisdiction under Section 482 Cr.P.C. 3 The misc. petition lacks merit and deserves to be dismissed. Consequently, the Misc. Petition stands dismissed. (Bhanwaroo Khan),J. bairwa 4 S.B.Criminal Misc. Stay Application No.456/2005 in S.B. Criminal Misc. Petition No.379/2005 Shyam Lal vs. State of Raj. & Anr. Date of Order ::::: February 18,2009 Present HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Sunit Kumar Awasthi for the petitioner. Mr. Javed Chaudhary, P.P. Mr. Brij Sharma on behalf of Mr. R.B.Mathur for respondent no.2. Since the main petition has been dismissed, this stay application also stands dismissed. (Bhanwaroo Khan),J. bairwa