HIGH COURT OF CHHAmSGARH AT BILASPUR Cr.M.P. No. 594/2010 PETITIONER VERSUS RESPONDENT B.D. Pradhan S/o Late Shri M.L. Pradhaa aged about 67 years R/o B-130, Rajkishore Nagar, Phase-II, BHaspur, Distt. Bilaspur (C.G.). The State of Chhattisgarh Through The District Magistrate, Jashpiu- (C.G.). PBTITION UNDER SBCTION 482 OF THE CODB OF CRIMINAL PROCEDURB, 1973. (SB :Hon'ble Mr. T.P.Sharma, J.) Presentr-Shri Neeraj Pradhan, Advocate for the petitioner. Shri Qamarul Aziz, P.L. for the State/respondent. Shri Ashish Surana, Advocate for the intervener. ORAL-ORDE3? (Passedon 21/04/2011) 1. By fhis petition under Section 482 oftbe Code ofCruiunal Procedure, 1973, (iu short 'fhe Code^ petitioner has prayed for quashment of fhe order dated 19/7/2010 passed by Chief Judicial Magistrate, BUaspur relatmg to sessions trial No. 35/2005 subsequently penduig before the Sessions Judge, Jashpur. 2, Shri Neeraj Pradhao., Advocate for the petitioner , SIui Qamarul Aziz, P.L. for the State/respondent and Shri Ashish Suraaa, Advocate for fhe uitervener are heard. 3. Vide oider dated 3/7/2009 ia Crimiaal Revision No. 272/2009 this Court has directed for recording his evidence before the Chief Judicial Magistrate, Bilaspur iu Sessions Trial No. 35/2005 pending before fhe Sessions Judge, Jashpur on the ground that witness is not haviag good healfh and is resident of Bilaspur that too at fhe iastance of present petitioner but instead of cojnplynig fhe order of this Court petitiouer is tiying to violate fhe order aud has fited different appUcation before the Chief Judicial Magistrate, _.^-',.^ '^ V ^ ...sesss Bilaspur aud has filed appUcation for recordmg his evidence at his residence finaUy which has been rejected by the Chief Judicial Magistrate, Bilaspur aud has issued warraut ofarrest. 4. Learaed counsel for the iateryener submits fhat after issuaace ofwarrant of arrest ia corapliance of the said order petitioner has appeared before the ChiefJudicial Magistrate, BUaspur and has fumished bond ofRs. 20,000/- but agam. he has violated the order of Chief Judicial Magistrate, BUaspur aad agaui case has been fixed for recordiag his evidence on 16/5/201l. Petitioner caanot permit to Qout the order of Courts or to disrespcct fhe Court, Court has already provided substaatial reUef to the petitioner by directmg Chief Judicial Magistrate, Bflaspur for his exanaination at Bilaspur, I do not fiitd auy substauce ia fhe petition. Consequentty, peUtion is liable to be dismissed and is hereby dismissed, 5. Petitioner shaU appear before fhe Chief Judicial Magistrate, Bilaspur for recordiag his evidence and cooperate in recordiag his evidence, faiUng such Chief Judicial Magistrate, BUaspur shaU take coercive and stringent action against fhe petitioner, 6. I.A. No, 1 is also disraissed. 7. Copy oftfae oider be kept m Cr.M.P. No. 708/2010. Sd/- T.P. Sharma Judge <t-