1. - By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioners have assailed the order dated 15.7.2005 passed by Additional Sessions Judge, Ratangarh (for Short 'the revisional court' here in after) in Criminal Revision No. 41/2003, whereby the revisional court allowed the revision petition filed by non-petitioner No. 2 Ishwar Ram against the order dated 2.5.2003 passed by Additional Chief Judicial Magistrate, Ratangarh (for short the trial court hereinafter) discharging the petitioners for the offence under Section 420 IPC.

2. I have heard learned counsel for the parties. Perused the orders of the trial court as well the revisional court.

3. The revisional court while setting aside the order of the trial court noticed that the provisions of Section 244 Cr.P.C., have not been followed. IT was a case instituted on a complaint filed by non-petitioner No. 2. The statements of complainant and his witnesses under Section 200 Cr.P.C. were recorded and thereafter the trial court took the cognizance of the offence under Section 420 IPC and issued the process. Ho wever, at the stage of precharge evidence, the trial court in its order at page 4 noticed that no