H!GH COURT OF CHHATTHSGARH AT alLASPUR ISB: Hon’ble Mr.T.P.Sharma.JJ Cr. MPNG. 491 cf 2m}8 APPLICANT Ucibhat Shukia son of Shi Sant Kumar h 1!. awarl ahnu‘ ¢Q uaam. winni- ulu-uuu agcu nuvu; Lu yva a, Icglucn. or Kacnananpara daukuntnpur Korea, CG. VERSUS NCN APPLIGANTS 1. Baht} Dadar alias Aiav son of Shri BK. iWaI-iar annrl aha: n§ QQ what-a uuuau , uvwu auvvu. uv yv‘ua, 2. Smt Savita wlo Shri Banti Dadar.‘aued «k '27 ”Ann-n auuutul ywala Both residents of Kachaharipara‘ 3a.“...n‘hm" 3. State of Chhattisgarh throuah Distriot v 51o Iatc, ualnunulyul, LJI¢uluL “viva, CG. nnnamh—nc—n a l nm n + y Shri Sourabh Danghi counsel for the aooticant Shf} Pai’tkaj sariv’astava PL f3? thc tcapvndcuuutaxe APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL DDnf‘Enl ID: i I \vvu—uu: \l_. IORALI ORDER {0‘1 1 f3 '}A!\R\ \A I. l v.1.vvv; The applicantfcompiainant has med this aoplication seeking a ditection to the Chief Judicial Mauistrate. Baikunthpur; District Korea for considering the application for permission to assist the prosecntion in accordance with the \w' provisions of section 301 (2} of the Code of Criminal Procedure gfor short the “Code") in Criminal Case No. 537/2008. 2. Mr. Danni submits that on the report of the appiicant/compiainant the prosecution has been initiated against the non applicants No. 1 and 2 and he wants to assist the prosecution in the case pending before the Chief Judicial Magistrate. Baikunthpur. He submits that learned Magistrate has not entertained the-application filed under section 301 (2) of the Code I 3. Provisions of section 301 (2} of the Code have been made with a view to assist the prosecution to ensure fair and impartiai triai in which prosecution may adduce substantive and reliable evidence and the Court is required to [I entertain the appiication if any: made to this effect though the Court is at liberty to decide the application on its own merit but the denial of receiving the application by the Magistrate is neither just nor proper for the Court. 4. Accordingly: CJM Baikunthpur is directed to entertain the application if any! tiled before it on behalf of the applicant and dispose of the case in accordance with lawi 5t With the aforesaid observations, the appiication stands disposed of. Sdl- ,e, T. P. Sharma, Judge ' 'ai