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7. Feeling aggrieved, revisionists have challenged the impugned order dated 15.09.2022 by filing present revision petitions on the ground that the Ld. CMM Ms. Shivani Chuahan did not appreciate the fact that after cognizance was taken vide order dated 05.04.2022 by her Predecessor Officer, the copy of the charge-sheet was supplied to all the accused persons including Tarvinder Kaur Suri and Mandeep Singh on the same day and the application for releasing the accused Tarvinder Kaur and Mandeep Singh Suri on bail was also dismissed on the same day by the Predecessor Officer, which also shows that cognizance has been taken qua all accused persons. Later on, accused Mandeep Singh Suri, Tarvinder Kaur Suri and Malvinder Singh Suri were also produced from the JC on 01.06.2022 before Ld. CMM Ms. Shivani Chauhan and their bail bonds and verification report were also received on the same day and all the accused persons were admitted on interim bail by her, which also shows that she was aware that the cognizance against them has been taken and not declined vide order dated 05.04.2022.

12. Perusal of the charge sheet shows that on 05.04.2022 detailed order on cognizance was passed and also on the same day, arguments on bail of accused Mandeep Singh Suri was heard and next day i.e. 06.04.2022, the bail application of accused Mandeep Singh Suri was dismissed. It is not possible that the same Court have declined to take the cognizance of the offence against the accused Mandeep Singh Suri and on the same day, after hearing arguments on bail, dismissed the bail application of same accused, as in case, Court has not taken the cognizance of the offence against the accused then Court would have discharged the accused on the same day i.e. 05.04.2022 or at least would have granted him bail. As the same Judge have heard the arguments on bail on the day on which he took the cognizance of the offence and dismissed the bail application of accused, led to only conclusion that the cognizance of offence u/s 420/406 IPC has been taken against all the accused persons and none of accused persons have been discharged.

15. Order taking cognizance is a detailed order passed by ld. Trial Court and reading of the whole order dated 05.04.2022 shows that cognizance of the offence u/s 420/406 IPC was taken qua all accused persons mentioned in column no.11 of the charge sheet and it appears that inadvertently due to typographical error, in order dated 05.04.2022, name of accused/ respondent Mandeep Singh Suri and Tarvinder Kaur Suri left to be mentioned.

16. Never ever accused persons have challenged the cognizance order before revisionist court nor they ever raised objection before Court of Ld. CMM. Perusal of the order dated 15.09.2022 shows that no submission / request was made by any of the accused persons, but still the Ld. Trial Court, suo moto, came to the conclusion that the cognizance was not taken against the accused Mandeep Singh Suri and Tarvinder Kaur Suri. Even if, Ld. Trial Court suo moto came to conclusion that wrong order has been passed and despite decline of cognizance against accused persons, they are in the jail and appearing in the court then it should have apprised the accused persons and told them about their right to file the revision petition, as Ld. Trial Court has no power to review any order.

17. Once an order has been passed, whether it is illegal or incorrect order, by a Criminal Court then the Criminal Court cannot amend or change it, the only remedy is to approach the higher court. In the present case, Ld. Trial Court has accepted the bail bonds and surety bonds of the accused persons and have extended their judicial custody and even decided application u/s 207 Cr.PC filed by the accused persons for supplying of deficit copies, it shows that Ld. Trial Court was aware that cognizance qua accused persons Mandeep Singh Suri and Tarvinder Kaur Suri is taken, so, at a later stage it cannot say that no cognizance was taken against the accused persons Mandeep Singh Suri and Tarvinder Kaur Suri and discharge them.