HIGH COURT OF CHHATTISGARH, BILASPUR ^ Criminal Misc.Petition No. 193 of 2009 PETITIONER/: (CompJainant) RESPONDENTS; 2. 3. Bharat Yadav, S/o H.R. Yadav, aged about 28 years, R/o Block No.15, Plot No.3, Radhika Nagar, Bhilai, Tahsil & Distt. Durg (C.G.) Versus Pradeep Kumar Tiwari, aged about 50 years, Manager Monnates and Energy Limited, Monate Road, Mandir Hoasud, Raipur, Djstt. Raipur (C.G.) Chief Editor, (Shri Ajay Chhazlani), Nai Duniya Daily, Indore (M.P.) Local Editor (Sri Ravi Bhoi), Duniya Daily, Raipur (C.G.) Nai {Petition under Section 482 ofthe Code of Criminal Procedure, 1973} Present: Mr. N.K. Chatterjee with Mr. H.R. Yadav, counsel for the petitioner. Sinale Bench: Hon'ble Mr. T.P. Sharma, 3 ORAL ORDER (8-9-2009) 1. This petition under Sertion 482 ofthe Cr.P.C. is for quashment ofthe order dated 17-2-2009 passed by the 2nd AdditionalSessions Judge, Raipur in Criminal Revision No,221/2008 affirming the order dated 20-10-2008 passed by the Judicial Magistrate First Class, Raipur in an unregistered criminal case, whereby learned Judicial Magistrate First Class has dismissed the complaint filed on behalf of the petitioner for the offence punishable under Section 500 of the I.P.C. against the respondents. 2. Learned counsel for the petitioner submits that the petitioner has not adduced sufficient evidence before the Court at the time of taking cognizance, but the evidence of the petitioner is sufficient for taking cognizance, however, the Court below has not taken cognizance and the revisional Court has also dismissed the revision. 3. I have heard learned counsel for the petitioner, perused the order impugned and records ofthe Courts below. -_— 9 's\ i ff '^^/./ x^ >»...—. Soina |B<'fc! it&-- 2 4. It appears from the records that the petitioner has examined only himself as a witness and has not examined any other witness in his support or in relation to the said publication. 5. Taking into consideration the peculiar circumstances of the case, the matter requires reconsideration. Consequently, the petition is allowed. The order impugned and the order of the trial Court are set aside. The Judicial Magistrate First Class, Raipur is directed to make further enquiry in terms of Section ^98 of the Cr.P.C. and pass order afresh. Sd/- ^ p. Sbavnia Judge } ss^^S^S 1^ °s ^