@ HIGH COURT OF CHHATTISGARH BILASPUR Criminal Misc. Petition No.342 of 2010 1. Sanjay Soni, S/o Shri S.R. Soni,‘ aged about 4O years, By Caste Soni, Head Clerk, Office of Superintendent of Police, R/o S.E./672, C.S.E.B. Colony, Korba East, Tahsil & District Korba (C.G.)‘ Smt. Archana Soni, W/o Sanjay Soni, aged about 36 years, By Caste Soni, R/o S.E./672, C.S.E.B. Colony, Korba East, Tahsil & District Korba (C.G.) Versus PETITIONERS: RESPONDENT: Yogendra Kumar Maravi, S/o Shri B.S. Maravi, aged about 46 years, By Caste Gond, Senior Clerk, Office of r Superintendent of Police, Korba, R/o Quarter No.S.E.670, C.S.E.B. Colony, Korba East, Tahsil & District Korba (C.G.) {Petition under Section 482 of the Code of Criminal Procedure} Present: r h T’ripth, cnsl he petitioners. Mr Goam hetrpal, csel e renen M. Awad ai oue for t . ut Ka oun for th spodt. ’ ‘ (-—201 1 . Heard. tis t d Sio 42 of f ima 93 he pet av haened d opi o dated ssd h e, a Ren 60 rm th d 77009 se C ia te K m se 009 & 06 S 34 o Le c for piti mit t bass opint m by h rnd h g ny in h g the as s tail e ho ncmmi any t . By h peition uner ectn 8 the Code o Crinl Procedure, 17, t itioners he cllg legality an prrety f the order ' 28-4—2010 pae by te Sessions Judg Korb in Criminal visio No.3/209 affiing e orer dated --2 pasd by the hief Judicl Magistra, orba in Criinal Ca No.931/2, whereby lar Chief Judil Mgistre has registere rinal complaint ened cia aat d cmi gant th petitinrs erein or the offence puishae under Sections ais e oe h f nbl 323 5B read with ection f the IPC. . arned ounsel the etoners subs that on he i of criminal - cmla ade te espoent erein without lodgin a report, the al Cor has alled for e oce report unde Secto 20 of the CrPC tri ut c th pli r in 2 wich after makin enquiry into matter, the police h ubmitted deed rport swing no-oisson of offence, bu instead of Sinqle Bench: Honble Mr. T.P. Sharma, J ORAL ORDER 41 ) relying on the said report, the trial Court has recorded statements of the witnesses and has registered offence against the petitioners herein. Virtually, making compiaint directiy to the trial Court was counter blast of the act committed by the respondent on the Holi festivaiand the Court has ignored the weii founded report of the poiice received under Section 202 of the CrPC. . On the other hand, Iearn'ed counsel for the respondent opposes the” l petition and submits that the trial Court after examining the witnesses under Section 200-202 of the CrPC has registered complaint case against the petitioners herein and has not committed any illegality; . This is petition under Section 482 of the CrPC. Scope of interference in terms of Section 482 of the CrPC is limited. Power under Section 482 of the CrPC is exceptional in nature and should be used sparingly. . In the present case, on the basis of statements recorded under Section 161 of the CrPC, the trial Court has registered offence and criminal complaint case against the petitioners herein. l do not find any illegalityt‘ ‘ in such registration of complaint requiring any interference under Section 482 of the CrPC. The petition is, therefore, liable to be dismissed and it s er sissed. i heby dim Sdl- T.P. Sharma judge Soma