HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL REVISION No. 613/2007 CRIMINAL REVISION UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE. ‘ €SE :Hon’ble Mr. T.P.Sharma, J.) Presenti- Shri RS. Marhas, Advocate for the applicant. Shri N.K, Shukla, Sr. Advocate with Shri B.P. Sirigh, Advocate for the non-applicants. ORAL- ORDER (Passed on 23103/201 1) By this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) applicant has challenged the legality and propriety of the order dated 18/ 5/ 2007 passede ~ by Additional Sessions Judge, Katghora District Korba (CG) in criminal revision No. 67/2005 “reversing the order dated 29/8] 2005 passed by Chief Judicial Magistrate, Korba in criminal complaint case No. 1051/2005 whereby ‘ Chief Judicial Magistrate, Korba has taken cognizance of the od‘ence and has issued process under Section 204 (1) of the Code to non—applicants. 2. Learned counsel for the parties are heard. Learned counsel for the applicant submits that order passed by Chief Judicial Magistrate, Korba has been reversed on the ground that applicant has not competent to file complaint and has not made proper party to APPLICANT: Chhattisgarh Environment COMPLAINANT Conservation Baard, through Regional Oiiicer, Near Ghantaghar, HIG 21.22 M.P. Nagax (Extension) District Korba, Chhattisgarh VERSUS NON-APPLICANT: 1. South Eastern Coalfields Ltd. Gevm ‘ACC!§SED Field, District Korba Chhattisgarh 2. The Chief General Manager South Eastern Coal Fields Limited, Gevra Field District Korba Chhattisgarh. accused or natural person, by arriving such finding Court below has committed illegality. v On the other hand, earned counsel for the non—applicants opposed the l revision and submits that revisional Court has Iightly reversecl the order passed by Chief Judicial Magistrate, Korba taking cognzance of the i offence and issue of process against the present non-applicants, in absence of proper authority for filing complaint and. making proper person as a acced. us Order impugned perused. 6. Submission made by counsel for both the parties reveal that complaint filed on behalf of the applicant is not duly constituted complaint, it requires reconsideration specially relating to competency of applicant and the person Whom process may be issued. Consequently, Without further comments on the order impugned, order impugned and order dated 2918/2005 passed by Chief Judicial Magistrate, Korba in criminal complaint case No. 1051/2005 are hereby quashed. Case is nemanded back to the Court of Chief Judicial Magistrate, Korba for making further V‘ inquiries specially in the light of objection made by non—applicants relating to competency of applicant and taking cognizance. 7. Applicant is directed to appear before the Court of Chief Judicial Magistrate, Korba on 28/4,! 20 1 1. ‘ 5di- -\ T. P. Sharmai Judge //l/