HIGH COUKI' OF CHHATIISGARI‘Q, BILASPUR Criminal Misc. PatitionNoAlA‘ofIOOQ r Krishna Prasad, Sonl, S/o Shri .Gopal Ram Soni', aged about 26 years, ’ Occupation Agriculturer R/a vmage Pidhha, Poiice“ Station 8i Tahsii Surajpur, Distt.v.Surguja (C.G.r) PETITIONERI: (Complainant) Versus Ram Kumar, S/o Devgun, aged about 26 years; Pradeep Singh, S/o Girdhar, aged aboutzs years; 3. Deepak Singh, S/o Girdhar, aged about 26 years; 4. Girdhar, S/o Not known, aged about 50 years; All are R/o Viiiage. Piéhha, Police Station & Tahsil Surajpur, Distt. Surguja (C.G.) . state of Madhya Pradesh (Now Chhattisgarh), through the Police Station Surajpur, Distt. Surguja (C.G.) {Petition under Section 482 of the Code of Criminal Procedure, 1973i 7 i RESPONDENTS: m Present: Mr. Ashok Kumar Shukla, counsel for the petitioner. Mr. Ashish Gupta, Panel Lawyer for. the State/respondent No.5. Single Bench: Hon'bla IQI', T,P. Sharing, J '_O_RAL 0RD.ER (7-9-2009) 1. This is a petition under Section 482 of the Cr.P.C. for quashment of the order dated 19-2-20097passed by the 2"“ Additional Sessions Judge (F.T.C,), Surajpur in Criminal Revision No.176/1999, whereby learned. Additional Sessions Judge has dismissed the revision flied against the order dated 36—6-1999 passed by theJudicial Magistrate First Class, Surajpur Vin an unregistered criminal case by which learned Judicial Magistrate First Class has dismissed the complaint under Section 203 of the Cr.P.C. 2. Learned counsel for the petitioner frankly admits that record of the Court of Judicial Magistrate First Class is not traceable in the record r‘oom and the order impugned has bean passed without perusal of the record, therefore, the order impugned is, not sustainable. Since the record Is not traceable in the record room, remanding the case for fresh hearing would be a futile exercise and it will not serve the purpose. In the circumstances, learned counsel seeks to withdraw this petition with liberty to file the complaint afresh, if so advised. . In absence of record it is difficult to ascertain whether the trial Court has rightly dismissedthe complaint or not. . Taking into consideration thepeculiar circumstances of the case, the petition is dismissed as withdrawn with the aforesaid liberty and if fresh complaint is filed on behalf of the complainant, thetrial Court shall proceed in accordance with Chapter XV of the Cr.P.C. // ,‘ #:u 5d].