@ H§GH COURT §F CHHATHSGARH AT 3!L.&$FUR CLMPNOA? of 2M1 Krishna Mohan Bix§t $ia. Shri Brijnath Dixit aged about 43 years, rio. Raipur Naka, Behind Raiiway !ine, Near MachhaH Taiab, Ward No.é5/47, Gutpo5t - Fadnabhpm’, Tahs§i and Disit.~Durg (C.G’) Petitioner Versas Respondents 1. Jagdish Pa! S!o. Mohan LaL aged abcut 41 Years, r/o. Raipur Naka, Behind Railway Line, Near Machhaii Talab, Ward No.45!4.7, Outpest—Padnabhpur, Tahsil and DEstt.-Durg (QG‘) Rashid Khan Sis. Sharifuddin. aged abaut 4G Years‘ Peymanent Rm. quaner Ne.104, MIQ Huaico Bhiiai, Thana- Sector—5 Koiwaii, Bhilai Nagar, Tahsii and Distt.sDurg (05.) Present Residence of Raipur Naka, Behind Railway Line, Naar Machhali Talab, Ward No.45!47, Outpost- Padnabhpur, Tahsii and Disit.~Durg (‘33.) 3. Siate of Chhattisgarh, thraugh the District Magistrate Durg, Distt.-Durg (6.6.) \L (Petition under Section 482 of the Cr.P.C.) (SB: Hon’ble Mr. TP. Shanna, J.) Piesenti— MLSunii Sahu, counsel far the petitionei. Ms $unita Jain, Panei Lawyer for the Staie/fespondent No.3. ORDER GRAL) (Passed on 3’ February, E11} i. By this petition under Section 482 of the Cr.P.C., the petiiioner has chaiienged iegaiity and propriety of the arder dated 4.9.2G10 passed by the 7‘“ Additicnai Sessions Judge (F.T.C.), Durg in Criminal Revision No.10?l2008 and order dated 265.2008 passed by the Sub Divisionei Magistrate, Durg in Criminal Case Nc.161 8:2006 in proceeding under Section 145 of the Cr.P.$.. whereby both the Courts below have dismissed the compiaint fiied on behaif of the petitioner under Sections 1‘42 8: 145 of the Cr.P.C. for initiation of proceeding. . As per order impugned, the present petitioner has fieid the petition in the year 2005, but tiil today no order under Section 145 of the Cr.P.C. has been passed v.2_ by the Sub Bivisicnai Magi3trate, Burg. The Sub Divisiona! Magistrate, Burg has not iniiiated proceeding under $ect5cn 145 of ihe Cr.P.C. and an the basis of :epor€ and other materiai, $ub Divisional Magistiate, Burg has dmpped‘ihe proceeding and order dropping proceeding has been affirmed by the revisione! Ccuri. 3’ From perusai of the aforesaid documenis, it reveals ihat in absence of existence of emergency. the Sub Bivisianai Magisirate, Durg has dropped ihe proceeding without passing any order under Section 145(1) of the Cr.P.C. 4. Proceeding under Section 145 oi' the CrP3. is summery and soeedy remedy and after iapse of five years, i do noi find any propriety for initiation or ooniinuation of such proceeding, ihat too after death of non—appiicani Sharifuddin against whom ihe reai threat has been aiieged. 5. Consequently, the petition being devoid of merit is liable to be dismissed and it is hereby dismissed at the motion stage itseif. _i Sd/- T.P. Sharma Judge