HI^H COURT OF CHHATHS6ARH AT BIL.4SPUR Cr.M.P.No.207 of 2009 Petltioner Father* Vsjoy Kumar Bada, aged about 43 years, son of Shri Luis Lengda, occupation - Purohit (Priest) resident of Bishop House, Nawopara, Ambiko.pur/ P.S 6andhi Nagar, District Surguja (C67) Resporsdents Y- Versus L Bishop Patras Mlnj, aged about 65 years, son of Late Johan ftama Minj, occupation - Purohit (Priest) rcsident of Bishop House Nawapara, Ambikapur, P-S.@ondhj Naqar, Gistt.Sargu ja (C6) 2. Father Xavier Ekka, aged about 50 years, son of Pbslyus Ekka, occupation - Purohit (Priest) resident of Bishop House Nawapara, Ambikapur/ P.S.@oncihi Nagar, blstt.Sarguja (Cff) 3- Father Willsam Urre, son of Lali Urre, aged about 47 years, occupation - Purohit ^riest) resident of Bishop House Nawaparo, Ambikapur, P.S.QandhJ Nagar, Distt.Sarguja (CS) (Petition under Section 482 of the Cr.P.C.) (SB; Hon'bte Mr. T.P. Sharmo, J.) Present:- Mr.A.N.Bhakta, counse! for the petstioner. ORAL ORDER (Passed ors 3rd November, 2009) 1. The petitloner1 has filed ti^is petition for quashment of 1+re order dated 12.9.2008 passed by the Sessions Judge, Surgujo, in Crimina! Revision No.114/2008, affirming the order dated 29.7.2008 passed by the Judicia! Magistrate First Cioss, Ambikapur, In unreglstered compioint whereby iearned Judicia! Magistr'ate First Cbss has dismissed the compbint fiied by the petitioner under Section 500/34 of the Indian Penal Code against the respondents. ^ B/- -2- 2. I have heard learned counse! for the petitloner Qnd perused the order Jmpugned and records of the Courts beiow. 3. Learned counsel for the petitloner frankly admits that the petitloner is requsred to adduce eyidence relating to the suspension and publlcation of the letter whereby the respondents have preyented hirp m partjdpatlng religious function and to adduce the evidence in connection with Itie aforesaid documents. 4. From perusa! of the records of the Courts bebw, it appears that fhe petitioner has not adduced sufficient evidence at the time of order impugned but the petitioner has filed copy of two documents before the trial Court- 5. Takin9 <nto consideration the documents flled by the petitioner but not relied upon during prelwJnary inquiry, jt would be appropriate to set aside the order impugned and to remit the case before the concemed Judicial M^istrate Firtst Class for further inquiry In accordance with Section 398 of the Code of CrminQl Procedure. 6. Accordlngly, the petition is albwed. Order impugnied is hereby set aside» The case is remitted to the Court of Judicbl Magistrate First Class, ^mbitepur for making furthcr inquiry in accordance with Section 398 <?f the Code of Crimina! Procedure. Sd/- T.P. Sharma Judge ^y.w.^. •m.m^imf"^'^::