HIGH COURT OF CHHATTISGARH AT BILASPUR CL M.P. No. 06/2007 APPLICATION U/S 482 OF CRIMINAL PROCEDURE CODE. (SB :Hon’ble Mr. T.P.Sharma, J.) Present: Shri Rajendra Tripathi, Advocate for the applicant/petitioner. ORAL— ORDER (Passed on 16/ 12/2009) This petition under Section 482 of the Code of Criminal Procedure, 1973 (in shon ‘the Code’) for quashment of the order dated 5/ 9/ 06 passed by the First Additional Sessions Judge, Raigarh in'criminal xevision No. 279/04 miming the order dated 3/ 12/04 passed by the Chief Judicial Magistrate, Raigarh whereby learned Chief Judicial Magisnate, Raigarh has dismissed the complaint on the ground of insu$cient evidence for taking cognizance of the odence. Learned counsel for the petitioner submits~that in case of insuflicient evidence the Chief Judicial Magisnate, Raigarh ought to have been provided an opportunity of adducing the evidence but this is not a case of no evidence. Learned counsel for the petitioner are heard. Order impugned and order of the trial Court perused. It appears that the Chief Judicial Magistrate, Raigarh has dismissed the complaint under Section 203 of the Code on the ground of insumcient APPLICANT Suresh Knmar Jagatmmka S/o Banwarilal Jagatramka Aged about 49 years, R/o Gandhi Chowk, Raigarh, Tah. &. Distt. Raigarh (c.G.). VERSUS NON-APPLICANTS 1. Vijay Kumar Bhau‘ya @ Bijju S/o Sugnamal Bhatiya Aged about 42 years, R/o Sindhi Colony Chakradharnagar, Raigarh(C.G.). 2. Vijay Saraf S/o Sagarmal Advocate, aged about 4O year R/o Bar Association, Raigarh (C.G.). ¢~ m materiai for taking cognizance but has not dismissed the camplaint on the ground of no evidence in such circumstances the Court was neqm'red to provide an opportunity for adducing sufdcient material. Taking into considerau‘on The order impugned, order impugned and order of the trial Court is not sustainable under theilaw and is liable to be set aside and it is hereby set aside. Case is remitted back to the Court of Chief Judicial Magistrate, Raigarh. Learned Chief Judicial Magistrate, Raigarh shall make further inquiry into the criminal complaint in accordance with Section 398 of the Code. 5di- 1 T. P. Sharmw ' 3 Judge _’_ @