.^- fa' .-,u*iE^ A ^-TSy-'S^^ II" tS !SN^^t:^i^?^^3^.; ^ri'<?'~'-'?Fi?LJfr'??~:?:K5i^®°' HI6H COURT OF CHHATTIS6ARH AT BILASPUR Cr,M.P,No.254of2009 SB : Honlile Aftr. T.P. Sharma. J. Petitioner Raf'qus Khsn, S/o.-'/ahid Khon, aged (Accused) obout 45 yrs. R/o.-Kasai Akohalla ftajnand9clon- Occupation Ben9al Shop, 6ole Bazar, Rajncuidgaon, Tahisil <»nd District Rajn<md9<Bon (C.&.) Nirmalchcnd Kothari, S/o Umendchand Kothari, <ged about 38 years, R/o Kamthi Line, Rajnandgaon, Tahsil and E)istrict Rajnandgaon (C.G.) Vs. Respondent (Complainant) (PETITEION UNDER SECTCON 482 OF Cr.P.C.) AAr. Anoop Mazumdar, counsel for the petitioner. (Possed on 15tk May, 2009) TTiis petition is directed against ths order dated 18.3^009 passed by the Sessions Judge, Rajnandgaon, in Criminat Reyision No.45/2008 affirming ths order datsd 3.10.2008 posssd by the Judicial ttcgistrate First Class, Rajnandgcor), in Crimina! Case No.l018/2(X)6 whereby ths leamsd Judicial Ahc9istrate First Class, Rajncndgaon has rejscted ths application for dismissc! of complaint on the 9round of non-filing pf list of the witnessss. 2. Leamed counsel for the petitione'' submits that in accordoncs with .C3.')c^- Section 204"of ths Code of Criminal Procedure, fiting of Kst of the witnessss befgre issuance of process is mandatory. l.eapnsd counssl further submits that in this case the complainant hcis not filsd any list of witnesses and has not mads any decloration that the complainant v»il not examine the witnesses other than the complalnant, but ths Court below has issued process ogainst an accused and hcs ignored the nftsvdcstoiy provisions of Section 204(2) of the Cods of Criminal Procedure r 'J 3, Admittsdly. in ths present CQ . the comptainant has not fited any !ist of witnesses and process has bsen issued against him. In this circumstances. it is cteoir thort- the complainant does not wont to sxncRJne any witnesses othsr than himsslf and for examining ths comptaincnt himself. no any Sist is required. 4, Consequently, I do not find ony illegaiity In the order impugned. The pstition is liabls to bs dismisssd and it is hersby dismlssed. I.A.hto.Ol thus stands dispssd of. Sd/- T. P. Sharma Judge "'^•Ssy'x'.syQf^ Ei®J5%B%-6/-