Soma HIGH COURT OF CHHATTISGARH. BILASPUR Criminal Misc. Petition No.780 of 2010 PETITIONER: RESPONDENTS: 1. 2. Anil Agarwal S/o L.N. Agarwal, aged about61 years, R/o 601, SangeetSarita Apartments, Bridge Candy, Bhula Bhai Desai Road, Mumbai, Maharashtra. Versys State of Chhattisgarh through District Durg, Durg (C.G.) Mrs. Jyoti Gurbaxani, W/o Late Ramesh Gurbaxani, Aged 52 years, Resident of HIG-21, Padmanabhpur, Police Station City Kotwali, Durg (C.G.) {Petition under Section 482 of Criminal Procedure Code} Present: Mr. Awadh Tripathi, counsel for the petitioner. Mr. Rakesh Kumar Jha, Deputy Govt. Advocate for the State/ respondent No.1. No.2. Mr. Satyawan Agrawal with Mr. Vikram Dixit, counsel for respondent Sinale Bench: Hon'bleJVIr.JT.P. Sliarma^J ORAL ORDER (28-3-2011) 1. By this petition under Section 482 of the CrPC, the petitioner has challenged legality and propriety of the order dated 3-9-2010 passed by the Judicial Magistrate First Class, Durg in Criminal Complaint Case No. 125/2010. 2. Learned counsel for the petitioner seeks to withdraw this petition with liberty to file appropriate petition under Section 245 (2) of the CrPC and also to take such grounds in the said petition which the petitioner has taken in the present petition. 3. The petition is dismissed as withdrawn with liberty aforesaid. 4. Also heard on I.A.No.3, application under Section 340 read with Section 195oftheCrPC. 5, Since the petition is not decided on merits, and still the documents filed on behalf of the petitioner and its evidentiary value are under consideration before the trial Court, it is not necessary to pass any order on t.A.No.3. Consequently, I.A.No.3 is d^smissed^symm^rily. Sd/- T.P. Sharma Judge 11 1k