Prashant Kumar Agarwal, J.

The complainant-petitioner has filed this application under Section 439(2) with a prayer to cancel and set aside the order dated 30.06.2012 passed by the Additional Sessions Judge (Fast Track) No. 2, Sikar (Headquarter Shrimadhopur) in Criminal Misc. Bail Application No. 137/2012 whereby learned Court below allowed the application filed by the respondent-accused under Section 438 Cr.P.C. and granted him benefit of anticipatory bail in respect of FIR No. 192/2011 registered at Police Station Thoi (District Sikar) for offences under Sections 498-A, 379, 420, 467, 468, 471 and 120-B IPC. The main ground on which the present application has been filed is that after getting benefit of anticipatory bail accused-respondent threatened prosecution witness Shri Narendra Khairwa for which FIR No. 179/2012 came to be registered against the respondent on 6.7.2012 for offence under Section 195-A IPC at Police Station Ajitgarh (District Sikar) and after investigation charge-sheet has been filed against him for the aforesaid offence in the Court concerned.

2. Brief relevant facts for the disposal of this application are that FIR No. 192/2011 came to be registered against accused-respondent-Shri Mahendra Singh, who is husband of complainant-petitioner-Smt. Mankaur Singh and one Smt. Anita Singh alias Sushila at Police Station Thoi (District Sikar), who apprehending their arrest jointly filed an application for grant of anticipatory bail under Section 438 Cr.P.C. before Additional Sessions Judge (Fast Track) No. 2, Sikar (Headquarter Shrimadhopur) which was registered as Criminal Misc. Bail Application No. 137/2012 and the same was allowed by the aforesaid Court vide impugned order dated 30.6.2012 after imposing certain conditions upon them. One of the conditions was that the respondent would not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Shri Narendra Khairwa, who is real brother of respondent, claiming that he is also one of the material witness in FIR No. 192/2011, lodged FIR No. 179/2012 against respondent at Police Station Ajitgarh (District Sikar) on 6.7.2012 for offence under Section 195-A IPC with the allegation that respondent threatened him with dire consequences if he does not make statement in his favour in FIR No. 192/2011. After registration of FIR No. 179/2012, petitioner filed an application under Section 439(2) Cr.P.C. against respondent with a prayer to cancel the order dated 30.6.2012 whereby benefit of anticipatory bail was granted to him in respect of FIR No. 192/2011 but the same was dismissed by the Additional Sessions Judge (Fast Track) No. 2, Sikar (Headquarter Shrimadhopur) vide order dated 17/7/2012 on the ground that investigation in respect of FIR No. 179/2012 is pending and at this stage it cannot certainly be said that respondent has misused his liberty of anticipatory bail. Thereafter, investigation in respect of FIR No. 179/2012 was completed and charge-sheet for offence under Section 195-A IPC was filed against the respondent in the Court concerned. After filing of the charge-sheet, petitioner-complainant filed fresh application under Section 439(2) Cr.P.C. with a prayer to cancel and set aside the order dated 30.6.2012 whereby benefit of anticipatory bail was granted to the respondent but the same was dismissed by the Additional Sessions Judge, Shrimadhopur (District Sikar) vide order dated 4.9.2015 mainly on the ground that petitioner is not entitled to file application under Section 439(2) Cr.P.C. and the same has not been filed by the State of Rajasthan or SHO or I.O. of the case. It is in these circumstances present application under Section 439(2) Cr.P.C. has been filed by the petitioner in this Court. It is to be noted that investigation in respect of FIR No. 192/2011 lodged by the petitioner is still pending even