IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Crjminal Misc. Petition No. ^ -<3°L6 OF^ees- PETITIONER RESPONDENTS VERSUS 1. \^v- ^O..A--^; 'o^--:^\.y;'" .>9 ^< °..- s>^"::;;3s>is%^^ ^•^....-•••" ' v \^'"" "-.• \ /.A, /i '&B TftSB' i*iaa,— Jaswant Pithaliya, S/o Late Shri Ishwar Lal Pithaliya, aged about 53 years, R/o R.M.I. works compound Pithaliya Complex, K.K. Road, Thanaganj-Raipur (C.G.) State of Chhattisgarh through-District Magistrate Raipur, Distt. Raipur C.G. Kishore chand Pithaliya S/o Narayan Bhai Pithaliya aged about 65 years. Kailash Chand Pithaliya, S/o Narayan Bhai Pithaliya, aged about 59 years. Jayesh Kumar Pithaliya, S/o Kishore chand Pithaliya, aged about 36 years. All R/o Pithaliya Complex, K.K. Road, Near Telephone Office, Thanaganj, Raipur (C.G.) Koushal Prasad Pandey, S/o Radhika Prasad Pandey, aged about 58 years, R/o Pandritarai, Near Saraswati Mill, Thana-Civil Line, Raipur, Distt. Raipur (C.G.) PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE- ai'iS.. HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. hflr. Justice Pritinker Diwaker) Cr.M.P.No.17of2010. PETITIONER RESPONDENTS VERSUS Jaswant Pithaliya. State of Chhattisgarh and others. Shri Sunil Sahu counsel for the petitioner. Shri Pankaj Shrivastava PL for respondent/State. PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE ORDER (08.02.2010) This petition is directed against the order dated 24.10.2009 passed by the Additional Sessions Judge, Raipur in Criminal Revision No. 41/2009 affirming the order dated 29.12.2008 passed by the Judicial Magistrate First Class, Raipur, dismissing the complaint filed by the petitioner. 2. Facts of the case in brief are that on 14.8.2007 a complaint case was filed by the petitioner alleging that on 31.3.2007at about 11.15 p.m. when he reached the Pithalia Complex and asked the Chowkidar - respondent No.5 to open the main gate of the said complex, all the accused persons came and assaulted him. It is also alleged that on 4.4.2007 the petitioner had lodged a written report in police station Ganj but as no action was taken by the police, on 14.5.2007 the report was sent to Superintendent of Police, Raipur and when no action was taken on that report also, the complaint case was filed by him. 3. From the record it appears that on the basis of the report lodged by respondent No.2, a case was registered against the petitioner for the offenoes under sections 294 and 506-B IPC and charge sheet was filed. If appe&rs that as a counter blast the present complaint has been filed bythe petitioner against the respondents. From the record it also appears that the complaint was filed with an inordinate delay which has not been satisfactorily explained by the petitioner. So far as the complaint dated 4.4.2007 made to the Station House Officer, Police Station, Ganj is concerned, in the original record there is no acknowledgement or endorsement in this behalf. 4. Thus the findings recorded by both the Courts below dismissing the complaint filed by the petitioner are fully justified and no interference with the same is warranted in this petition. Accordingly, the petition being without substance is liable to be dismissed and it is dismissed as such. Sd/- ~~ Pritinker Diwakar Judge Tf