./'^•^ HIGH COURT OF CHHATnSGARH. BILASPUR Cr.M.P. No. 58 of 2006 Petltioners Dpi' ResjBpndenfcs Lofcmaaya Sahakari Grili Ninaan. Sansfha Maiyadit, havuig its Office at Gol Chowk, Rohioipuram, Raipur (C.G) through its Director, Kainlakar Kusre, r/o Tatyapara, Raipur(C.G). Versus 1 Shri Arul Dhurandhar, S/o Late Shri Mahendra Kumar Dhuraadhar, R/o Azad Chowk, Raipur (C.G.) 2 The Sub Divisional Magistrate, Raipur (C.G.) 3 The Superintendeiit of PoUce, Raipur, Distt.-Raipur (C.G.) 4 Station House Officer, PS Deendayal Upadhyay Naar, Raipur (C.G.) Petition Hled under Sectioa 482 ofthe Code of Cilminal Procedwe Appeaiance: Shri P. Diwakar, Sr. Advocate, wifh Shri P.R. Patankar, counsel for the petitioner. Shri Ratan F>ush1y, counsel for respoudent no. 1. Shri M.P.S. Bhatia, Paael Lawyer, for the State/ respondents no.2, 3 & 4. ORAL^ORDBR (27.6.2007) SuaU Kuinar Sinha, J, Heard. This petition has beeu filed against the order dated 04.7.2006 passed by X Addl. Sessions Judge (F.T.C.) Raipur, ia Cnmiaal Revision No. 129/2006, whereby the said Court after settiag aside the order passed u/s 145 Cr.P.C. reinanded the inatter to the Sub-Divisional M^istrate, for decidiag afresh in accordance wifh law. Learaed senior couasel for the petitioner, during the course of ai^uuients, subnuts that due to efflux of tiine he is aot pressiag fhe revision on inerits, but he only prays that the Sub-DivisionaI Magistrate inay be directed to dispose of the inatter on inerits within the stipulated period graated by ^Q-. Cr.M.P,No.58/2006 Dpl' tetelte Raa this Court because accordiag to the teamed counsel, even afier the reiuaad order, the Magistrate has not taken any substaatial step ui the laatter when there was no stay agaiast ttie effect aad operation of fhe impugaed order dt. 12.4.2000. The prayer raade to fhis exteat by leanied counsel for the petitioner is not opposed by both the coiinsels appeartng for fhe rcspondents. The same is allowed. This petitiou. is disposed of with a directioa that fhe Sub-Divisional Magistrate shaU. try to dispose of ftie niatter ^-ns.^e'ya^A^ ^^ as early as possible/withia'a period of 4 raonths finni fhe date of receipt/production of certi&ed copy of this order before the said Court. At this stage, Shri Diwakar, submits tliat a Pakka waS. has been erected iu fi'ont of the ofBce of the petitioner, fherefore, even fhey are not iu a position to enter iato their of&ce aud soiae obseivations may be made regardiag this also. Needless to say, siace the luatter has been remanded to the Sub-Divisional M^istrate for decidiag afresh on m.erits; fhe petitioner, if so advised, may laovc aa appropriate application before fhe Sub-Divisional Magistiate, which shall also be decided by fhe said Magistrate ia accordance with law. With fhe aforesaid observations, this petition stands finaUy disposed off. Inview ofthe above, M.Cr.P.No. 1880/2006 for graut of stay, I.A.No.2338/2006 for taking afiBdavit on record & I.A.No.2390/2006 for urgent hearing also staad disposed of. C.c, as per rules. Sd/- SunUKumar Sinha Judge