CRMMO 176 of 2008 6.11.2009 Present: Mr. Vikram Thakur, counsel for the petitioner. Mr. N.K. Thakur, counsel for respondents No. 2 to 6. Cr.MMO 176 of 2008 The petitioner has filed this petition under Section 482 Cr.P.C. for quashing the order dated 01.11.2007 passed by the learned Chief Judicial Magistrate, Shimla in case No. 140-30 of 2006/2002 and for issuing process to the respondents 2 to 6. 2. The case of the petitioner is that he had filed complaint against the respondents 1 to 6 praying therein issuance of process under Section 379, 451, 454, 34 and 500 I.P.C. The learned Chief Judicial Magistrate vide order dated 01.11.2007 had issued process against respondent No. 1 under Section 500 I.P.C. but no process has been issued against respondents 2 to 6. Therefore, prayer has been made in the present petition to order issuance of process against respondents 2 to 6 also. 3. The learned Counsel appearing on behalf of petitioner has submitted that necessary averments with respect to commission of offence by respondents 1 to 6 have been pleaded in paragraphs 6 and 7 of the complaint. The section 200 Cr.P.C. provides that a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complaint and the witnesses present, if any. The petitioner appeared as CW-5 in the court below. The learned counsel for the petitioner has submitted that as per the statement of CW5 the case against the respondents 1 to 6 is made out. The relevant portion of the statement of CW-5 relied by learned :-2-: counsel for petitioner is only to the extent that on 05.07.2002 respondent No. 1 in absence of complainant searched the room of the complainant and at that time D.S.P., Shimla, S.H.O. Chota Shimla, Inspector Badri Nath, Section Officer Devi Singh and S.I. Jai Gopal were present. This part of the statement of CW-5 is hearsay in evidence inasmuch as the petitioner himself is saying that in his absence the persons named by him searched his room. The petitioner has not stated whether the search was legal or illegal. The learned counsel for the petitioner has failed to point out from the evidence any averment of any witness to the effect that respondents 2 to 6 have committed any offence as alleged by the petitioner. There is no merit in the petition which is accordingly dismissed. 4. The learned counsel for the parties are directed to appear before the court below on 24.11.2009. The record of the court below be sent immediately so as to reach before the date fixed. Cr.MP No. 843 of 2008 Infructuous. (Kuldip Singh) Judge. November 6, 2009 (vb)