1. Heard on application (LA. No.2 of 2013) for condonation of delay in payment of process fee.

2. Delay condoned.

3. With the consent of counsel for the parties, the revision is finally heard at the admission stage.

4. This criminal revision under Section 397/401 of the Cr.P.C. has been filed by the revision petitioners against the order dated 3.1.2013 passed by IInd Additional Sessions Judge, Sakti, District Janjgir-Champa in Criminal Revision No. 101/2012, whereby order dated 30.10.2012 passed by Judicial Magistrate First Class, Jaijaipur(for short, "JMFC") allowing the application of the revision petitioners filed under Section 167 (2) of the Cr.P.C, has been set-aside and the said application has been rejected as premature.

5. Facts, in brief, are that the revision petitioners were arrested in connection with Crime No. 110/2011 of Police Station-Jaijaipur, Tehsil-Sakti, District Janjgir-Champa for offence punishable under Section 302 IPC on 1.8.2012. On the same date i.e. 1.8.2012, the revision petitioners were produced before the JMFC and were remanded to judicial custody. On 30.1 0.2012, an application under Section 167 (2) of the Cr.P.C. was filed on the ground that as the