|,,,,^Ji»iispyl HIGH GOURT QF CHHATTISG.ARH AT B'lLASPUR Cr.iV!.P.No-165of2009 SS : Hon'ble 'ulr. T.P. Sharma, J. ADDlicsnt SQSCI aDOU?-s4<£L yssf^, Vs. Non-aDDiicant Amarnath Pgndev S/o, Shri Briirai Pandev. Occupation- Advocate, R/o. Agrasen VVard. AmbikaDur, 0 ^. &r"H'L'an? !F Pt'<sfr>?^t«.'^.''m<'"a /PI f^, ^ State of Chhattiaaarh Throuah-Station Kouse CSfSeer, Scheduje Trlbe WsSfare Hoiice Stanon AmDiKaour (PETITiON UNDER SECTION 482 OF Cr P C) (SB: Mon'bie Mr. T.P. Sharma, J.' Mr.Sourabh Dangi, counsei for the ai.ijtlcant. Mr.Rajendra Tripathi, Pane', ia'ny'er for the State/rion-appjicsnt. ORAL ORDER 'Pacea'l ~n 97th .Irl" 9f>n0' Hea.rd. This petition is directed against the order dated 20.8.2007 passed by the Sub Divisional Magjstrate, Kusmi, jn Criminal Case No.39/2007 whereby the leamed Sub Divjsional Magistrate while passing the order under Section 97 of the Cocle of Crimjna] Procedure, 1973 (in short 'Code') has directed the po!ice by sending copy of the statements of two witnesses for taking cognizance against the Dersons aaainst whorn the witnesses have deDOsed which reveals the commission ofcoonizable offence 2, Learned counsel for the appiicant submits that while making an inquiry under Section 97 ofthe Code, the Sub Oivisional Magistrate was not empowered to direct the police for registration of any offence against any persons and by directina the Dotice, learned Sub Divisional Maaistrate has exceeded its jurisdiction vested in it and caused serious oreiudice to the oresent aDplicant. Learned counsel further submits that order relatina to direction to the oolice bv the Sub Divisiona! Maaisfrate be quashed. Learned counsel also submits that previously one complaint was fited on behalf of Ledda Bai against the poliGe offjcers but subseauentlv it was withdrawn. A writ Detition was ateo filed aoainst the police officere which was a.lso dismissed as withdrawn. Subsequentty father of Lsdda Bai has filed a peStlon for search of her dauahter Ledda Bai and durinfl Iis:'3.%t;.is-*. i '':E:r;?'^:^l^^' ths Gourse of jnauirv, iearned Sub Divisional Maaistrate has recorded the statements of Ledda Bai and Terra and after recordina the findina leamed Sub Divisiona! Maaistrate has directad the Dolice officers to take necessarv coantesnce on the basis of stetements of the aforesaid witnesses. Learned counse! a!so submits that Terra Uraon, father of comolainant Ledda Bai. has aiso lodoed TeDOrt aaainst Pawa.n Pa.ndev and Indradev Naa in which na.me of the oresent apoticant has not been mentioned bv him, 3. On the other hand, learnecl Panel lawver aDDearino for the State/ non-aDDlicant ODDOses the Detition. 4 1 have hegrd learned counsel for the parties and perused the order impugned. From perusai of the order impugned, it appears that the Sub Divisional Magistrate while deciding the matter of issuance of seareh warrant reiatina to Ledda Bai. recorded the statements of Ledda Bai and her father Terra Uraon and prima facie found the commission of the aforesaid offence against some oersons. The Sub Divisional Mgaistrate has directecl to the Dolice officers bv sendina CODV of the statements for takina necessarv action and to intimate the action taken bv the oolice officers to the Sub Divisional MaaJstrste The Sub Divisional Maaistrate has not lodaed g.nv reDOrt aaainst anv oersons aaainst whom the witnesses have deDOsed but only has sent the CODV of the statements discloses the commission of such offence. Learned Sub Divisional Maaistrate neither committed anv ilteaatjtv nor exceeded the jurisdiction vested in it. The Sub Di'i'isional Msgistrate js cornpetent to intimate the police relating to cornmission of offence if same is came into knowledae of the Sub Divisiona! Magistrate during the course of inquiry or jnvestigation or trial. ! do not find any substance in this Detition. 5. Consequently, the petition is tiabte to be dismissed and it is hereby dismissed. Pendina aDDlications, if any. stand disDOsed of. Sd/- T.P. Sharma Judge