/f^ i\ mK^^ I ^?^'^;s:^ ^ 1 "•"•"a-R!| ^S^M^ •si!w"^!^r €^ KSGH COURT OF CHKATTJSGARH AT BSLASPUR Cr.M.P.No.S24of20S3 PetiUoner Abhaynarayan Pandey S/o Shri Aditya Narayan Pandey, aged 49 ysars R/o Gram Dipadihkaia, Police SfaSion Shankargarh Disfrict Surguja (C.G.) At present R/o Khijurpath ivlinj Niwas Namnakala, Ambikapur, Surguja (C.G.) Versus Ajmer Singh S?'o Kewil Singh Aged a&out 38 years, Veterinary Doctor posted at Vsterinary Hospita!, Village-Pasta, Poiice Ststion Bairampur, Dsstrict Surguja (C.G.) Sapan Choudhari S/o S.Choudhari aged about 33 years, at present posted as Station House Officer, Dhamtari, Diotrict Dhsmtari (C.G.) earijer posted as Town inspector, Poiice Station Kofrwaii, Ambikapur, District Surauia C.G. iaiff~='<e3 3. 4. Hemani Kharre, S/o unknown, aged about 50 years Station House Officer, Poiice Station Konl Districf Biiaspur (C.G.) Shivram Prasad Kaiiuri S/o Shri Ganga Raju aged about 4Q years R/o Deputy inspector General of Poiice Office Bhiiai District Durg (CC.G.) 5. Brujesh Tiwari S/o unknov/n, aged about 33 years, F.F. Piatoon Commander posted at Samri Chowki, Poiice District BaSrampur, Distrtet Surguja (C.G.) (Petition under Sectlon 482 ofthe Cr.i (SB: Hon'bie Mr. T.P. Stiarma, J.) P.C.) Present: Mr.S.C.Verma, counsel for the petitioner. None present for respondents No.1 to 5. ;^[|^;.lffp[iyfl»pwp*f! ~2- ORDER (ORAU (Passed on 1st February, 2011) 1. By this petition under Section 482 of the Cr.P.C., the petitioner has chaiienged iegaiity & propriety of the order dated 17.9.2008 passed by the Sessions Judge, Surguja in Criminai Revision No.111/2008, modifying the order dated 30.7.2008 passed by Smt.Urmlia Gupta, JuciiGiai Magistrate First Ciass, Ambikapur in unregjstered complaint case ((Abhaynarayan Pandey v. Ajmer Singh and four others), whereby ieamed Judicia! Magistrate Flrst Ctess has dlsmssssd the compiaint under Section 203 of the Cr.P.C. WhiSe modifying the order vide order impugned, iearned Sessions Judge, Surguja has modified the order to the exient of offence relating io Ajmer Slngh i.e., respondent No.1 and has directed to reconsider and pass the order as per iaw. 2. Pawer under Section 482 of the Cr.P.C. is sxceptlonal in nature and shouid be used sparingiy. While deaiing with exercise of power under Section 482 of the Cr.P.C. in the matter of M/s. Zandu Pharmacesiticai Works Ltd. and others v. Md. Sharafui Haque and others1 the Supreme Court has held thus, "8. Exerclse of power under Section 482 of the Code in a case of this nafure is the exception and not the mie. The Section does not confer any new powers on the High Court. it oniy saves the inherent power v/Dich the Court possessed before the enactment of the Code. it envisages three circumstances under which the inherent jurisdsction may be exercised, namely, (i) to give effeci to an order under the Code, (ii) to prevent abuse of the process of court; and (iii) to othenwise secure the ends of justice. it is nelther possible nor desirable to Say dov»'n any in govern the exercise of inherent jurisdtetion. n^^^/i·^i^ i DiCAiUtc rule which woutei 3. As per nutsheii case of the petitioner, complaint filed on behalf of the petitioner has been dismissed in terms of Section 203 of the Cr.P.C., but the revistonai Court has modified the order and partly allowed the revision. Whiie interferlng the order passed under Section 203 of the Cr.P.C., the rsvteiona! Court is competent to direct for further inquiry into any compiaint which has been dismissed 'jnder Section 203 of the Cr.P.C., in terms of Ssctson 398 ofthe Cr.P.C. 31!'";i1fFff'BW'fw"RT"' -3- 4. Considering the iimited scope in Section 398 of the Cr.P.C., order impugned and order passed by the Judiciai Magisfrate First Ciass, Ambikspur are hereby quashed. Case is remitted to the Court of Judteiai Magistrate Flrst Ciass; Ambikapur. Judicial Magistrate First Ciass, Ambikapur shaii make further inquiry into compiaint which has been dismissed undsr Section 203 of the Cr.P.C. and pass the order afresh. The petitioner is directed to remain present before the triai Court on SdA - -' l-P- Sharma Judge B» " -V.'' <Tt'v