Shiv Kumar Sharma, J.-Petitioner C.B.I., in the instant revision petition seeks to quash the order dated October 23, 2002 of learned Additional Chief Judicial Magistrate SPE Cases, Rajasthan Jaipur (for short the ‘ACJM’) whereby order of taking cognizance dated September 25, 2001 was recalled and the accused respondents were discharged of the offences under Sections 120B read with 379, 420, 467, 468 & 471 IPC.

2. Contexual facts depict that learned ACJM took cognizance of the offences under Sections 120B read with 379, 420, 467, 468 & 471 IPC against accused respondent Amul Kumar Mehta in his presence on September 25, 2001, by a speaking order. On October 5, 2001 accused respondent Sumant Mehta was sent to judicial custody and the ACJM took cognizance of the aforesaid offences against Sumant Mehta. Therefore the accused respondents moved an application on September 6, 2002 under Sections 3, 5 and 6 of Delhi Special Police Establishment Act, 1946 (for short ‘Delhi Act’) praying therein that charge sheet filed by the CBI against accused respondents was without jurisdiction and the order taking cognizance deserves to be recalled and the accused respondents be discharged. Lear