^^ tii"a:^^'"\, ? Petitsoner Complainant HSGH COURT OF CHHATTISGARH AT BILASPUR Cr.!yi.P.No.280of2009 M.S. Gous S/o Sh©ikh Nawaj Agod about 79 years, Caste Musalman, R/o Risaipara, VVard Dhamtari, Tahsjl & Dlstrict Dhamtari (C.G.) Resoondents Versus 1. Dr.Goutam Lunawat S/o Shri Naththutal. Aged about-49 years Partner Mahavir Motor Finance Company Balak Chowk, Dhamtari Tahsil and District Dhamtari (C.G.) 2. State of Chhattisgarh Through : Statlon House Officer P.S. Dhamtari District Dhamtari (C.G.). (Petition under Section 482 ofthe Cr.P.C.) (SB: Hon'bie Mr. T.P. Sharma, J.) Mr.Y.C.Sharma, counsei for the petitioner. Mr.R.S.Patel, counsel for respondent No.1. Ms Sunita Jain, Panef Lawyerfor respondent No.2/State. ORDER(ORAU (Passed on 8tn IVIarch, 2011) 1. By this pstition under Section 482 of ths Code of Criminai Procedure, 1973 (for short 'Code'), the petitioner has chailenged iegality and propriety of the order dated 16.12.2008 passed by the AdditionaS Sessions Judge, Dhamtari In Criminat Revision No.12/08, affirming th©order dated 15.1.2008 passed by the Chief Judacial Magistrate, Dhamtari in unregistered criminal complaint case (Mohd.M.S.Gous v. Dr.Goutam Lunawat), whereby iearned Chiaf Judiciai Magistrate has dismissed the compiaint on the ground that case is of dvti naturo. 2. i havo heard learned counsei for the partios, porusod the order impugned and records of ths Courts beiow. 3. Learned counsei for th©petitioner submits that the Courts beiow have not considered the statements of Jagdish and the present petitjoner and thereby committod illegaiity. 4. On the other hand, Searned counsei for respondent No.1 opposes the petition and submits that this case is of civil nature. ^a:-i,:.:"a- K '^-^^^^^ ^\ -2- 5. Jn the light of statements of Jagdish and the present petltioner, fiurther inquiry into the complaint dismissed under Section 203 of the Code would be necessary. 6. Without any further comment, the petition is ailowed and the order impugned and order of the Chief Judicial Magistrate, Dhamtari are hereby set asicie. Caso is remitted back to the court of Chief Judidal Magistrate, DhamtarL The Chief Judiciai Magistrate. Dhamtari is directed to maRe further inquiry into ths complaint dismissed under Section 203 of the Code. Th©petstioner te directed to present before the court of Chief Judicial Magistrate, Dhamtarl on 18.4.2011. — Sd/- T.P. Sharma Judge