HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. 156/2011 PETITIONER RESPONDENT VERSUS 1. 2. 3. Dinesh Chandra Nayak, S/o Late Vishwanath Nayak, Aged about 30 years, R/o Rasian Hostel, C.S.E.B. Korba, Tehsil & District Korba (C.G.). Subhashani, D/o Ram Chandra, aged about 22 years, R/o M. New 103, Shakti N3gar, Gevra Dipka, Tehsil Dipka, Distriet Korba (C.G.). Dhaneshwari, D/o Ram Ratan, aged about21 years, R/o M. Q. 72,Shakti Nagar, Gevra, Dipka, Tehsil Dipka, District Korba (C.G.). Rajesh Kurre, S/o Lalman Kurre, Aged about 30 years, R/o Village Tivarata, Dipka, Tehsil Dipka, District Korba (C.G.). PETITION U/S 482 OF THE CRIMINAL PROCEDURE CODE, 1973. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Vimlesh Bajpai, Advocate for the petitioner. Respondents not noticed. ORAL- ORDER (Passedon 22/03/2011) 1. By this petition under Section 482 of the Code of Criminal Procedure, <. 1973 (in short 'the Code) petitioner has challenged the legality and propriety of the order dated 5/1/2011 passed by Second Additional Sessions Judge (F.T.C.), Korba (C.G.) in criminal revision No. 16/08 affirming the order dated 23/3/08 passed by Chief Judicial Magistrate, Korba in unregistered complaint case (Dinesh Chandra v/s Subhashani & others) whereby learned Chief Judicial Magistrate, Korba has dismissed the complaint under Section 203 of the Code filed on behalf of the petitioner. 2. Learned counsel for the petitioner Shri Vimlesh Bajpai is heard. 2-- ts K~!s .~^A-J ['I':'-- 3. Learned counsel for the petitioner submits that petitioner has made clear an unambiguous statenient against the respondents but Court below has not considered his statement for proceeding against the respondents for the coramission of offence in terms of Section 203 of the Code and thereby committed grave illegality. 4. Both the orders impugned, copy of statement o£43etitioner perused, without further comments both the orders are hereby quashed. Chief .-Judicial Magistrate, Korba shall make further inquiry into complaint dismissed under Section 203 of the Code in terms of Section 398 of the Code. Petitioner is directed to appear before the Chief Judicial Magistrate, Korba on 20/4/2011 for further proceeding. Sd/- T.P. Sharma Judge