A. K. MATHUR, J.

( 1 ) THIS revision petition is directed against the order passed by the learned Additional Sessions Judge, Jodhpur dated 28th February 1989 whereby the learned Additional Sessions Judge has set aside the order of the learned Additional Chief Judicial Magistrate dated 16th December 1987. By the order dated 16th December 1987, the learned Magistrate recalled his order dated 2nd September 1987, whereby the learned Magistrate accepted the final report against the accused petitioner and in the same breath directed that on protest petition the statement under Sections 200 and 202, Cr. P. C. may be recorded, for that he posted the case on 17th September, 1987.

( 2 ) THE brief facts, which are necessary for the disposal of this revision petition, are that a complaint was filed on 15th May, 1987 against the petitioner before the Additional Chief Judicial Magistrate, alleging commission of the offence under Sections 406, 409, 467, 468, 471 and 420, I. P. C. on this the learned Magistrate sent the matter to the police under Section 156 (3), Cr. P. C. for investigation. The police after detailed investigation, filed a final report on 24th July 1987. At the same time