HIGH COURT OF CHHATTISGARH AT. BILASPUR CR.M.P. No. 199 OF 2011 J.S. Prasad, Chief General Manager, (Now Retired) SECL, Gevra Project, Gevra Area, Korba, Distt. Korba (C.G.). PETITIONERI 1. APPLICANTS RESPONDENT] NON-APPLICANT South Eastern Coalfields Limited, 'SECL, Gevra Project, Gevra Area, Korba, Distt, Korba (C.G.). C.G. Environment. Conservation ‘ Board, Korba through Regional OEmer, C.G. Environment Conservation Board, Near Tehsil Oiiice, Korba (C.G.). PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE. (s3 :Hcn’ble Mr. T.P.3ha:ma, J.) Presentt- Shri N.K. Shukla, Sr. Advocate with Shn Aditya Kham, Advocate for the petitioners, @ Respondent not noticed. ORAL- DEER (Passed on 08/04/2011’ By this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) petitioners have challenged the legality and propriety of the order dated 4/ 10/ 2010 passed by Additional Sessions Judge, Katghora, C.G. in criminal revision No. 7/2009 ailirming the order taking cognizance and issuance of process dated 27/ 1/2009 passed by Judicial Magistrate First Class, Katghora in complaint case No. 25/09. 2. Trial pending before the learned Judicial Magistrate First Class, Katghora is warrant trial and opportunity to challenge the order taking cognizance on the ground of competency is available to the petitioners in terms of Section 245 (2) of the Code. I do not nnd any ground for interference in terms of Section 482 of the Code. Consequently, petition is dismissad summaxily. Petitionexs is at liberqr to file application the Codt and in case if patitionms iilss Ccde th£n Judicial Magistrate under Section 245 (2) of the under Section 245 (2y of applicaiion concerned is under obligation to decide The application on its on merits Without influencing of previous order after providing an opportunity for hearing‘to both me parties. :7 X Sci/— LA. No. 1 is also dismissed. T.P. Sharma ‘ Judge 4V