1. - Heard the learned counsel for the petitioners as well as learned Public Prosecutor.

2. Petitioners Hanuman and Chandgi Ram were convicted for offence under section 323 IPC by learned Judicial Magistrate. Rajgarh by his judgment dated 13.8.1998 and were given benefit under the Probation of Offenders Act. It was further ordered that injured persons be given compensation @ Rs.75/- per head. It was challenged before learned Additional Sessions Judge who maintained the conviction and dismissed the appeal. This revision petition has been preferred against the order of learned Additional Sessions Judge.

3. Learned Counsel for the petitioners raised a legal point which goes to the root of the case. As per record first information report was lodged by the complainant on 14.08.1990 regarding the incident dated 13.8.1990. Police submitted the final report. The learned Magistrate took cognizance by order dated 5.1.1993 by condoning the delay without giving notice to the accused petitioners. Counsel for the petitioners submitted that the Magistrate had power to condone delay under Section 473 Cr.RC. but the same could not have done without giving a notice to the accused petitioners.