:¥', ••• .iS ''•» I ili^ ^^) Fetitioner Resoondents W ^ B" HiGH COURT OF CHHATTsSGARK A7 BiLASPUR Cr.M.P.No.519of2003 Abhaynarayan Pandsy S/o Shri Aditya Narayan Pandey, aged 48 ysars R/o Gram Dipsdihkaia, Potice Station •Shankargarh District Surguja (C.G.) At present R/o Khijurpath iyiiRj Niwas Namnakala, Amblkapur, Surguja (C.G.) >/8fSUS 1. Ajmer Singh S;'o Kewii Singh Aged about 38 years, Veterinary Doctor posted at VeteriRary Hospitai, Vsiiage- Pasta, Poiice Station Bairampar. District Surguja (C.G.) 2. 4. Shivram Prasad Kaiiuri S/o Shri Ganga Raju aged about 40 years R/o Deputy Inspsctor Gensra! of Poiice Office Bhiiaj Distrlct Durg (C.G.) Sapan Choudhari S/o S.Choudhari agsd about 33 years at present posted as Station House Officer, Dhamtarl, District Dhamtari (C.G.) sarlier posted as Town inspsctor, Poiice Station Kotwali, Ambikapur, District Surguja C.G. Hemant Kharre, S/o Unknown, aged about 50 ysars Station House Officer, Poiice Siation Koni Dlstrict Biiaspur (C..G.) 5. Bruissh Tiwan S/o Unknown, aged about 33 years. F.F. Platoon Commander posted at Samri Chowki, Poiice District Balrampur, District Surguja (C.G.) 6. State of Chhatiisgarh through Insosctor GsneraS of Poiice, Ralpur C.G.) (Petition under Section 482 ofthe Cr.P.C.) (SB: Hor.'bie Mr. T.P. Sharma, J.) Mr.S.C.Vemna, counsel for the petitioner. None present for respontients No.1 to 5. Mr.Rakesh kumar Jha, Deputy Government Advocate for respondent No.S/State. Bai ^,^tfc:.r^^:^ — 2 ~ ORDERtORALS (Passed on 1 February, 2S11) 1. By this petition under Section 482 of the Cr.P.C., the petitioner has chaitenged legality & propriety of the order dated 17.9.2008 passed by the Ssssions Judge, Surguja in Criminal Revision No. 103/2008, modifysng the order dated 30.7.2008 passed by Smt.Urmila Gupta, Judiciai Magistrate First Ciass, Ambikapur in unregisfered compiaint case ((Abhaynarayan Pandeyv. Ajmer Singh and others), whereby learned Judicis! ^agistrate First Ciass has dismissed the complasnt under Section 203 of-ths Cr.P.C. Whiie modlf.'ire th8 order vide order impugned, iearned Sessions Judge, Surgujs has modsfied the order to the extent of offence relatmg to Ajmer Singh i.e., rsspondent No.1 and has directed to reconsidsr anc pass the ordsr as per iaw. 2. Power under Section 482 of the Cr.P.C. is exceptionai in nature and shouid be useci sparingly. White dsaiing with sxercise of power under Section 482 ofthe Cr.P.C. in the matter of M/s. Zandu Fharmsceutteai Works Ltd. and others v. Md. Sharafui Haque and others the Supreme Court has hs'd thus, "8. Exercise of power under Ssction 482 of the Code in a case of this nature is the sxception and not ihe ruls. The Section doas not confer any new powers on the High Court. It onty saves the inhersnt power which the Court possesssd before the enactment of the Code. it envisages thres circumstances under which the inherent jurisdictioR msy bs exeroised, namely, (i) to give effect to an order under the Cods, (ii) to prevent abuse of the process of cou?t, and (iii) to otherwise secure the ends of justice. It is neither possibie nor desirable to !ay down any inflexibie ruie which wouid govern the sxsroise of inherent jurisdiction.........". 3. As per nutsheii case of the petitioner, compiaint filed on behaif of ths petitioner has been dismissed sn terms of Section 203 of the Cr.P.C., but ihe rsvisionai Court has modsfied ihe ordsr and partiy aliowed the rsvision. WkV.Q intsrfsring the order passed under Section 203 of ths Cr.P.C., the revisiona! Court is competent to ciirect for further inquiry into any compiaint which has been dssmissed under Section 203 of the Cr.P.C. in tsrms of Sertton 398 of the Cr.P.C. HfWfpifnrf '~ 3 — Considering the limited scope in Ssction 398 ofths Cr.P.C., order impugned and order passed by ths Judicia! Magistrate First Class, Ambikapur ars hsreby quashed. Case is remitted fo the Court of Judicisi h/iagistrats FirsS Ciass, Ambikapur. Judicial Magistrate First Ciass, Ambikapur shsit make further inquir/ into complaini which has been dismsssed under Secfion 203 of ths Cr.P.C. and pass the order afresh. The petitioner is dlrected to remain present before the triai Court on 3.3.2911. Sd/- T.P. Sharma Judge ^.—'-'F':^"-': ^r^". ^J^ ^ y tpSn'iiS.F-R