Amaresh Kumar Singh, J.-Heard the learned counsel for the petitioners, learned public prosecutor and the learned counsel for non-petitioner No. 2.

2. Theshort question arising for decision in this petition is whether in an inquiry which is being conducted by a Court under Section 340 of the Criminal Procedure Code, 1973, the persons against whom there are allegations of having committed offences covered by Section 195 of the Criminal Procedure Code, have a right to take part in the inquiry and cross-examine the witnesses who may be examined by the Court either suo motu or at the instance of the complainant?

3. By theorder dated 13-8-1996 the Sub-Divisional Magistrate, Jodhpur, in Criminal Case No. 98/96, Kishori Lal vs. Banshi Lal in proceedings under Section 340 of the Criminal Procedure Code held that the non-applicants against whom the inquiry was being conducted had a right to take part in the proceedings. He, therefore, rejected the application filed by the complainant party.

4. A revision petition was filed against the order dated 13-8-1996 passed by the Sub-Divisional Magistrate. Jodhpur.

5. The Revision Petition (No. 16/96, Om Prakash vs. State of Rajasthan) was di