1. Petitioner No.1, a doctor at primary health centre, along with three other accused persons, have approached this Court under Articles 226 and 227 of the Constitution with the prayer to set aside order dated 17.11.2008 made below application Ex.7 in Criminal Revision Application No.77 of 2008 by learned Additional District and Sessions Judge, Anand. By that impugned order in the revision application filed by the original complainant, the order dated 12.3.2008 of learned JMFC rejecting the prayer for ordering investigation by registering an FIR under section 156 (3) of Cr.P.C. was set aside and straightaway summons were ordered to be issued against all the five persons accused in the original complaint. That order was challenged mainly on the ground that learned Sessions Judge had no jurisdiction and power to straightaway order issuance of summons in a revision application under section 397 of Cr.P.C.

2. The relevant facts of the case are that the original complaint approached Police Inspector, Borsad on 27.8.2006 with the complaint of offences punishable under sections 376, 302, 201 and 120-B read with section 114 of IPC upon death of her daughter, aged 20, working as a v