JUDGMENT :

Rameshwar Vyas, J.

1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners challenging the order dated 27.02.2020 passed by the Additional Chief Judicial Magistrate No. 1, Bhilwara in Criminal Regular Case No. 144/2012 (8345/2014) (State of Rajasthan v. Anand Swaroop & Ors.), whereby the trial court ordered to state substance of accusation under Section 323 I.P.C. to the petitioners, in pursuance of which, the substance of accusation was stated to the accused-petitioners on 16.04.2021 & 22.07.2021.

2. Brief facts of the case are that the complainant-respondent No. 2 - Chandra Prakash Vyas lodged a report regarding an incident dated 22.03.2011 against the petitioners and one Ishwardutt at Police Station Kotwali, District Bhilwara on 23.03.2011, upon which, the F.I.R. No. 187/2011 for the offences under Sections 452, 323 & 341 I.P.C. was registered, which is placed on record as Annexure-12. After investigation, the police submitted the final report (Annexure-17) with the conclusion that case was of non-cognizable nature. On the basis of the police report, the trial court vide Order dated 30.03.2012 took cognizance of offence under Section 323 I.P.C. against the accused-petitioners and Ishwardutt and proceeded under Section 204 Cr.P.C. The above order was challenged by the complainant-respondent No. 2 by way of filing revision petition before the court of Sessions Judge, Bhilwara bearing Criminal Revision Petition No. 165/2012, which was decided on 27.08.2012, whereby while allowing the revision petition, the trial court was directed to take cognizance of offence under Section 452 I.P.C. also. The said order was further challenged by the petitioners before this Court in S.B. Criminal Misc. Petition No. 985/2013 (Anand Swaroop & Ors. v. State of Rajasthan & Anr.), which was allowed vide Order dated 10.09.2013 and the order passed by the revisional court dated 27.08.2012 was quashed with a direction to the revisional court to decide the revision petition afresh after providing appropriate opportunity of hearing to the parties. After that, the revisional court i.e. Additional Sessions Judge (Women Atrocities Cases), Bhilwara vide Order dated 29.03.2016 dismissed the revision petition and affirmed the Order dated 30.03.2012 passed by the trial court taking cognizance of offence under Section 323 I.P.C. only, against the petitioners. Aggrieved by the said order, the complainant-respondent No. 2 preferred S.B. Criminal Misc. Petition No. 2484/2016 (Chandra Prakash v. State of Rajasthan & Ors.), which was dismissed by this Court on 24.01.2017. It is relevant to mention here that against the Order dated 29.03.2016, the petitioners also preferred S.B. Criminal Misc. Petition No. 1195/2016 (Anand Swaroop & Ors. v. State of Rajasthan & Ors.), which was dismissed as not pressed vide Order dated 24.01.2017 with liberty to the petitioners to raise all their defence before the trial court at the time of framing of charges. Afterwards, the trial court vide Order dated 27.02.2020 came to the conclusion that this was a case, in which the provisions of Section 251 Cr.P.C. were applicable and there was no ground to stop the proceedings against the accused under the provisions of Section 258 Cr.P.C. also. The trial court was of the opinion that offence under Section 323 I.P.C. was made out against the accused persons. The trial court, accordingly, ordered to state substance of accusation under Section 323 I.P.C. to the petitioners, in pursuance of which, the substance of accusation was stated to the accused-petitioners on 16.04.2021 & 22.07.2021. Aggrieved by same, the petitioners have preferred this misc. petition under Section 482 of Cr.P.C. before this Court.

3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material on record.

4. Learned counsel for the petitioners submitted that when offence under Section 452 I.P.C. was not made out then it was not proper t