(2). By this petition under Section 482 Cr.P.C. the petitioners have prayed that the order dated 4.7.1996 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases-cum-Additional Sessions Judge, Bikaner and the order dated 13.1.1995 passed by the learned Civil Judge (Junior Division) and Judicial Magistrate, First Class, Bikaner, whereby he issued process against the petitioners in respect of offences punishable under Sections 406 and 498-A I.P.C. be quashed and set aside and the proceedings instituted against the petitioners be dropped.

(3). The facts of the case so far as they are relevant for the disposal of the peti- tion may be summarised as below:

(4). Non-petitioner No. 2 Smt. Indira Devi is the wife of petitioner No. 1 Trilok Chand. Their marriage took place on 8.12.1982 at Bikaner. Non-petitioner No. 2 Smt. Indira Devi filed a complaint against Trilok Chand, Hira Lal, Smt. Rama Devi, Hari Kishan, Sharda, Madhu, Kanchan, Durga and Ishwar Ram alleging the commi- ssion of offences under Sections 498-A and 406 I.P.C. The complaint was sent to the Station House Officer of the Police Station Naya Shahar under Section 156 (3) Cr.P.C. In compliance of the order passed by the learned Judicial Magistrate the police registered the first information report No. 110/91 and commenced investigation.

(5). During investigation a compromise was effected between the parties and a final report was submitted by the police under Section 173 (2) Cr.P.C.

(6). On submission of the final report the learned Judicial Magistrate issued notice to the complainant Smt. Indira Devi. She appeared through her counsel and time was sought for filing protest petition.

(7). A protest petition was filed by non-petitioner No. 2 on 25.10.1994. After hearing arguments the learned Judicial Magistrate fixed 26.10.1994 for orders.

(8). On 26.10.1994 before the order could be pronounced, an application was submitted on behalf of the non-petitioner No. 2 stating therein that non-petitioner No. 2 wanted to produce her evidence. On the same day the learned Judicial Magistrate allowed the application filed on behalf of the non-petitioner No. 2 and adjourned the hearing for the production of the evidence of non- petitioner No.2.

(9). On 1.12.1994 non-petitioner No. 2 was examined. On 13.12.1994 her wit- nesses Manak Chand and Akhey Chand were examined. On 10.1.1995 arguments were heard and on 13.1.1995 the learned Judicial Magistrate issued process against the petitioners, in respect of the offences punishable under Sections 406 and 498-A I.P.C.

(10). Feeling aggrieved by the order dated 13.1.1995 the petitioners filed a revision petition No. 15/95/28/95. The revision petition was disposed of by the lear- ned Special Judge SC/ST (Prevention of Atrocities) Cases-cum-Additional Sessions Judge, Bikaner vide order dated 4.7.1996. The learned Additional Sessions Judge held that the revision petition was not maintainable because the order taking cognizance and issuing process was an inter-locutory order. It was further observedby the learned Additional Sessions Judge that the accused persons could raise objec- tion against the taking of cognizance before the learned Judicial Magistrate.

(11). Feeling aggrieved by the order passed by the learned Judicial Magistrate and the order passed by the learned Additional Sessions Judge the petitioners have approached this Court under Section 482 Cr.P.C. with a prayer that proceedings initiated against them should be quashed.

(12). During the hearing the learned counsel for the petitioners brought to the notice of this Court that in the year 1993 another complaint had been filed by Smt. Indira Devi and that complaint was also sent to the Station House Officer, Naya Shahar under Section 156(3) Cr.P.C. and the first information report No. 99/93 was registered at the police station Naya Shahar Dist