y ..'! ^;n .11 ,,s!.,*ais PETITIONER: Crimina! Misc. Pet[t!pn.No.2S of Banshidhar Gupta, agsd about 48 years, S/o Late Lakhpati Gupta, R/'o Viilage ;hharmar P S A Tah Rharnhnra nistt ; ]'i 10.1 S ildj j j .^ . i^i ; 0) ; i '•>J s JSi ^i s'V] C5, h^ 10 LS. . Pssirf^rh {C.Cy\ i ^^iy^. ,. <-'~'/ RESPONDENTS: Versus 1. Thandaram, S/o Thulsuno'ar, aged about 35 years, 2. Thuisundar, S/o Khageshwar, aged about 45 years, Both are residents of ViSlage Chaarmar, P.S. & Tah. Gharghora, Distt. Ralgam (CG) 3. State of Chhattisgarh, through the District Magistrate, Raigarh (CG) 4. The Sub Diyisional Magistrate, Gharghora, Distt. Raigarh (CG) {Petition under Section 482 ofthe Cods ofCriminal Procedure, 1973} Present: Mr. A.N. Bhakta, counsel for the petitioner. Miss Sangeeta Mishra, Pane! Lav/yer forthe State/respondents No.3 & 4. Sinaie Bench: Hon'ble Mr. T.P. Sharma, J (22-1-2009) 1. This petition is directed against the order daied 23-8-2008 passed by the Sessions Judge, Raigarh in Crimina! Revision No.78/2008 dismissing the revlsion & affirming the order dated 25-8-2008 passed by ths Sub Divisionai Magistrate, Gharghora in Criminai M.J.C, No.222/2003, whereby isarned Sub Divisional Magistrate has fixed the case for hearlng on the question of tenabi'ity ofthe peticon. 2. I have heard Searned counsei for the parties and perussd the petition. 3. Learned counsel for the petitioner submits that before receivlng the eviosnce, anv decision reiatlng to tenability of the petition v/ould not be just and proper, {herefore, the Court below be directed to receive the evidence first and after receivina the evidence the Court may decide the question of tenabiiity of the petiSion. 4. Order datsd 25-8-2008 reveais that on {he basis of repiy of the respondents, t'ne Court beiow has fixsd the case for arguments on the question of tenability of the petition. For deciding the question of tenability, no evldence is requlred giga^fe, and if the petition is found to be tenable, the Court is competent !o receive evidence in accordance vflth sub-section (4) of Section 145 of the Cods of Criminal Procedure, 1973. Consequently, 1 do not find any iiisgality or impropristy !n the order impugned. The petition is liabie to be dismissed and it is hereby dismissed, !n limine. i.A.No.1 stands disposed of. However, the Sub Divisiona! Magistrate, Gharghora, is directed to decids the question of tenabiiiiy of the petition within 30 days from the date of filing of a copy of this order by the petitioner. 6. Certified copy as per ruies. Sd/- T.P, Sharma Judge