G.L. Gupta, J.-Through this Miscellaneous petition, petitioners Hiralal and six others have called in question the order dated 2-5-1998 passed by the learned Addl. Sessions Judge No. 2, Udaipur whereby he rejected the revision filed by the petitioners preferred against the order dated 5-4-1997 of the Addl. Chief Judicial Magistrate, Salumber.

2. Theshort facts of the case are that for the death of Smt. Hema, Ashok Kumar had lodged’ FIR No. 285/86 under Sections 304-B, 120-B, 306, 498-A, 201 and 406, IPC at Police Station Salumber and after investigation the police submitted a challan against Prakash, husband of the deceased only and submitted a report under Section 169, CrPC against two other accused named in the FIR Thereafter the learned Magistrate committed the case to the Court of Sessions vide order dated 14-3-1997. After that on 17-3-1997 complainant chose to file private complaint on 17-3-1997 making allegations against the petitioners, on which the learned Magistrate .recorded the evidence under Sections 200 and 202, CrPC and vide order dated 5-4-1997 summoned the petitioners as accused in the case. This order was challenged before the learned Sessions Judge by way