IffT «t<!>3fl la BE 1!; VhV:. <£ HIGH COURT OF CHHATTISGARH AT B1LASPUR APPLICANTS Cr.M.P.No.342of2008 1, Mohd. Junaid, S/o Late jamaluddin, Aged about 30 ysars, 2. Mohd. ishaque, S/o Mohd. Jamal Miiyan, Aged about60 years. Both are resident of vitlage - Manendragarh, District - Korea (C.Q.) 3. Ashish Shrivastava, S/b Murari Lal Shrivastava, Aged about 32 years, Rfo Viltage - Menendragarh, Raihvay Coiony, P.S. & Tahsil - Manendragarh, District Korea (C-.G.) Versus 1. State of Chhattisgarh, Through: Collector, Korea, District-Korea(C.G.) 2. Mohd. Anssh Ansari, sged "ot knp'ft'R, S.'o Jamaluddin Ansari, Vitiage - Mauharpara, Manendragarh, District - Korea (C.G.) (APPLICATiON UNDER SECTiON 482 OF THE CODE OF Cr.P.C.) Hon'ble Mr. T.P. Sharma, J.) RESPONDENTS Present: Shri B.L, Dembra, counse! fortfie petitioners. Shri Ajit Singh, P.L. for ths State/respondant No. 1 Shri Parag Kotecha, counsei for respondent No. 2. ORAL ORDER (Passed on 21 October, 2009) 1. The petitioners have flted this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code") for quashment of the order dated 02-07-2008 passed by the II Additional Sessions Judge (F.T.C.), Manendragarh (Korea) in Criminal Revision No.20/08 dismissing the revision against the order dated 29-01-2008 passed by Sub Divisional Magistrate, Manendragarh in Criminal Appeat No. 1/2007, whereby learned Sub Divisiona! Magistrate has directed to file complaint before the Executive Magistrate/Tahsildar in accordance with Section 340 of the Code. y*v :f:!!ili!i'.-''u!i;'r.N^ -sa%\ 'V^Ss y / •aUEiE'S'"' ^-.•~" .a.^gjK^gtjlllg ? S^i-S'-^^ife^^S.^^ 2. The order ischallenged on the ground that learned Sub Divisional Magistrate has amved at a finding that Executive Magistrate/ Tahsildar is under obligation to make an enquiry into the question whether the offence has been committed or not and in case of committal of the case to flte complalnt before competent Court, but instead of directing for enquiry tearned Sub Ovisiona! Magistrate has straightway directed the Executive Magistrate/Tahsildra tofile compta.int before competent Court. 3. Heard. 4. Order impugned is perused and operative part of order reads as follows:- '(ar) ai^FRaT '•'liiisdii ^t E}TO 340 ^om^fo ^ <s!!^q*i w TJiE<iR.ri ^lT'q ^t ^iFft ^rf^? sft. aft? apra^T ^ifttT ^SJT t TS! ^fSf ?ePT <i<<;<!! ^id'i'. Sff ^jt ^f i^IT "'P'iT t! (9) 3CT: CTift?T *<R<i?!<{ ^ ^T^? SI^Rar -<i!<l!e14j ^ PRF?T uirer t f^ EIRT 340 ^o^o^'s ^ y!<iUMT ^ ?re?r ^TSPT *<il<{ict<i ^F aiisl'Ii'l"! ^ f^R®>lRt!l<< ff^tT'^. (TSTr ai!^>!S<!UI ^ ^ISPT tif^Rts ^ 'oiyicto 4 ^Pifts^r •gft ^ fti? uRi^Ri ^ l' 5. It is clear from the operative part of ttie order impugned that tearned Sub Divisiona! Magistrate has directed to file the eomptaint in accordanee with the provisions of Section 340 of the Code which read as follows:- "340. Procedure In cases mentioned In section 195.- (1) When upon an applicaSon macfe te it in Vvs behalf or offwiwlse any Court Is ofopinion that ff is expeeSent in ff» irtterest ofjustice that an inquify shoiild be macfe inte any offence refwnd to in clause (b) of sub-secffon (1) of section 195, whfeh appears to have been committed in or in relation to a proeeeding in that Court or, as ffw case may be, OT respectofa d^iiment produc^d or givwi in evidence in a proceeding in that Cmirt, siich Court may, after such preliminafy inqwry, 'rfany as it thinks necessary,- (a) record a fincSng te iat effect; (b) make a complaint thereof in wriffng; ^liiS-jC.,,: ,i?f t ^^?"^!- in""" {c) send it te a Magistrate of Vw lirst class having juris^etion; (d) take su cient secwity for Vhe appea/ance forthe accused befofs such Magistrate, or if fhe alleged offence is non-bailable snd e Cowt ffifinks it necessary so te <to send ffw accused in custody te such Magfefrste; antil (e) bind over any person to appear and give ewdence befbre siwh Magistrate. (2) The power confeired on a Court by sufe-secBon (1) m respect of an oftence may, in any case.wfwv iai Court has ne ier macfe a complaint iinder sub-secSon (1) in respect of that offence nor ryected an applicatton fw » making of sucff comffaint, be exwcised by Whe Cowt to w^ich such former Court is sulwnSnate within the meaning ofsub-secSon (4) ofsecVon 195. (3) A complaint made under this secffon shall be signed,- (a)whwe ffw Court making »eomplaint is a High Court, by such oMcer of the Coiift as fte Court may appant; fb) in any other case, by the preading ofHcer of the Coiift. (4) In Ws secffon, "Cowf has w same irwanng as 'in secffon, 195." 6, Provisions contained in Section 340 of the Code is a completo code and procedure for making enquiry and filing e complaint. The order impugned reveals that the learned Sub Dh'isional Magistrate/Tahsildar has to fite comptaint in accordance with the provisions contained in Section 340 of the Code, means the Executive Magistrate is under obligation to make an enquiry and after satefying itself prima facie relating to the commission of offsnce then lo lodge comptaint before competent Court, Learned Sub Divisional Magistrate has not committed any illegality in passing the order impugned warranting any interference in exercise of inherent jurisdiction. Consequently, the petition is liable to be dismissed and is hereby dismissed. ___-- — Sd/- T.P.Sharma Judge