JUDGMENT

1. Heard finally with the consent of both the parties.

2. In this petition under Section 482 of the Cr.P.C petitioners have assailed the order dated 05/12/2017 passed by Judicial Magistrate First Class- Gwalior (M.P.) in case No. 3427/2016 whereby application filed under Section 332 of the Cr.P.C has been rejected on the ground that cognizance has been taken against the petitioners for offence under Section 188 of the IPC and charges have already been framed and therefore in such situation the Trial Court has no power to review its order.

3. Learned counsel for the petitioners submits that the Trial Court has not considered the provision of Section 195(1)(a)(i) of the Cr.P.C wherein there is specific bar against taking cognizance under Section 188 of the IPC by the Trial Court without cognizance by public servant. It is submitted that the Police has registered the FIR under Section 154 of the Cr.P.C for offence punishable under Section 188 of the IPC upon which learned Trial Court has taken cognizance and framed the charges and thereafter the matter is pending for recording the evidence. Learned counsel for the petitioner submits that vide order dated 05/12/2017 learned Jud