HLGKCOURT OF CHHATTISGARH, BILASPUR PETITIONER: RESPONDENTS: Criminal Misc. Petition No.657 of 2010 Abid Hussain, S/o Late Ahmad Mussain, aged about 54 years, R/o Nurani Chowk Rajatalab Raipur, Thana Civil Line, Distt. Raipur(C.G.) Versus 1. Jitendra Shukla, Commissioner, Municipal Corporation Raipur, Thana Golbazaar, Distt. Raipur (C.G.) 2. Sanjay Sharma, Sub Divisional Officer, Municipal Corporation, Zone No.6, Raipur, Distt. Raipur (C.G.) 3. Rajesh Thakur, Assistant Engineer, Municipal Corporation, Zone No.6 Raipur (C.G.) 4. Prakash Rohtani, Time Keeper, Municipal Corporation, Zone No.6 Raipur (C.G.) 5. Pankaj Tiwari, Time Keeper, Municipal Corporation, Zone No.6 Raipur (C.G.) n All posted Zone No.6,Nagar Nigam, Bhatagaon, Thana Purani Basti Raipur Tahsil & Distt. Raipur (C.G.) {Petition under Section 482of Criminal Procedure Code 1973} Present: Mr.Awadh Tripathi, counsel forthe petitioner. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORALORDER (2-2-2011) 1, By this petition under Section 482 of the CrPC, the petitioner has challenged legality and propriety of the order dated29 July, 2010 passed by the 9 Additional Sessions Judge (FTC), Raipur in Griminal Revision No.52/2009, affirming the order dated 21-1-2009 passed by the Additional Chief Judicial Magistrate, Raipur in an unregistered criminal complaint case (Abid Hussain v. Jitendra Sukla and others) which has been dismissed under Section 203 of the CrPC. Soma 2. I have heard learned counsel for the petitioner, perused the order impugned and records ofthe Courts below. 3. Learned counsel for the petitioner submits that while dismissing the complaint under Section 203 of the CrPC and dismissingthe revision, both the Courts below have committed illegality. The revisional Court has failed to exercise the jurisdiction vested on it under Section 398 of theCrPC. 4. Considering the scope in revision in terms of Section 398 ofthe CrPC, orders of both the Courts below are hereby quashed. The case is remitted back to the Courtof Additional Chief Judicial Magistrate, Raipur for making further inquiry ihtotheComplaintdismissedunderSectiDnZOS oftheCrPC. 5. With the above direction, the petition stan_d^disposed of. Sd/- T.P.Sharma »i.t'"y Ra'^'i s^