HIGH COURT OF CHHATTISG^RH AT BILASPUR s^-;^^^^ ^~^':^^^s Petitioners (Accusedl Respondents (Non-Petitioners) Complainaitt Cr.M.P. No. 256/2009 1. Chagaa Lal Mundra, S/o Shri Kedaraafh. Mundra, aged about 49 years, 2. Rajiv Mundra, S/o Kailash Mundra, aged bout 28 years, Both R/o E-8 Ashoka Tower, Shanker Nagar Chowk, Raipiir (C.G.). 3. Rajiv Agrawal, S/o Rajendra Swaroop Agrawal, Aged about 53 years, R/o Ashoka Pak, Khamhardih road, Raipur (C.G,). Versus 1. 2. State of Chhatdsgarh, Through Distdct M^istrate, Raipur(C,G.), Vim.al Agrawal S/o Shri. Oinkamial Agrawal, Aged about 52 years, R/o In front of Circuit House, Civil Lines, Raipur (C.G.). MISC. CmMINAL PETITION U/8 482 OF THB CRIMINAL PROCEDURE CODE, (SB :Hon'ble Mr.T.P.Sharma, J.) Present: Shri Prafull N. Bharat, Advocate for the petitioners. Shri Akhil Mishra, Dy. G.A. for the State/respondent No. 1. Shri Vivek Sharma^ Advocate for the respondent N0. 2. ORAL- ORDBR (Passedon 31/7/2009) At fhe out set leamed counsel for flie petitioners subinits fb.at bail application filed on behatfoffhe petitioner was aUowed by fhe 3rd Additional Sessions Judge, Raipur aad subsequently fhe order of bail was recatled under Section 439(2) ofthe Code ofCnmmal Procedure, 1973 (ia short fhe code) by learaed Sessions Judge, Raipur vide order unpugned dated 5/5/09 in bail petition No. 600/09. Learo.ed counsel for the petitioners fiirfher subniits fhat fh.e case was registered at fhe mstaiice offhe direction made by the Judicial Magistorate First Class, Raipur under Section 156(3) of flie Code aad bail was graated -^ >:?^^ subsequently the final report has beea filed by fh.e police fhat after iiivestigation no case has been inade out same was not acted upon by fhe Magistrate aad Magistrate has proceeded under Chapter XL of fhe Code which was set aside by fhe Revisional Court ia criiniaal revision No. 34/09 vide order dated 17/3/09 by Sessions Judge, Raipur aiid directed registration offtie case for fhe ofifence punishable under Sections 177, 191, 192,193,403, 406, 420, 467, 468, 471, 8& 201 offhe I.P.C. and issumice of process. The order was challenged before fhis Court iti Cricaiaal Misc. Petition No. 247/2009 under Section 482 offhe Code aad order of Sessions Judge was quashed by fhis Court vide order dated 14/5/09. 3. Learaed counsel for fhe petitioner also submits that fhe order of caacellation of bail be quashed, 4. The order impugned and order dated 14/5/09 passed by this Court ia Crmiiaal Misc. Petition No. 247/2009 reveals that poUce has subinitted titie fiiial report before the Magistrate fhat on fhe basis of iavestigation filmg of fhe charge sheet for takuig cognizaiice agaiast the present petitioner is not possible and on fhe basis of such final report even Judicial Magistrate First Class has not taken aiiy cognizance fhe order dirccting her tafcbig cogmzaace by fhe Sessions Judge has already been quashed by fhis Court vide order dated 14/5/09. Therefore at present no any crimmal case is pendmg agamst fhe present petitioners or no offence has been registered for taking cognizaace agahist the present petitioners ia which he require to fumish bail or contmue in bail, wifh fhese obseryations tiie present petition is staads disposed of 5, I.A. No. 01, is also dismissed, T.P. Sharma Judge 1P