..ssiaiesa /^^ HIGH COURT OF CHHATTISGAKH AT BILASPUR APPLICANT VERSUS Cr. M.P. No. 07/2007 Suresh Kumar Jstgattaaaka. S/o Banwarilal Jagatraxaka Aged about 49 years, R/o Gaadhi Chowk, Raigarh, Tah. & Distt. Raigarh (C.G.). NON-APPUCANT tew Vijay Kumar Bhatiya @ Bijju S/o Sugnamal Bhatiya Aged about 42 years, R/o Siudhi Colony Chakradhanagar, Raigarh (C.G.). APPLICATIQN U/S 483 OF CRIMINAL PROCEDURE CODE. (SB :Hon'ble Mr. T.P.Sharma, J.) Present: Shri Rajendra Tripathi, Advocate for the applicant/petitioner. ORAL- ORDER (Passed on l6/12/2009) 1. This petition under Section 482 of the Code of Criminal Procediire, 1973 (ia short'the Code') forquashmentof fhe orderdated 5/9/06 passedby the First Additioaal Sessions Judge, Ra^arh iu crimiaal revision No. 280/04 afiBrmiug the order dated 3/12/04 passed by the Chief Judicial M^istrate, Rajgarh whereby leamed Chief Judicial Magistrate, Raigarh has dismissed the coniplaiat on fhe ground of ia sufficient evidence for taktag cognizance ofthe offence. 2. Learaed counsel for fhe petitioner submits fhat ia case of iasufficient evidence the Chief Judicial Magistrate, Raigarh ought to have been provided au opportunity of adduciug fhe evidence but this is not a case of no evidence. 3. Leamed counsel for the petitioner are heard. 4. Order impugaed aad order of fhe trial Court perused. 5. It appeara that the Chief Judicial Magistrate, Raigarh has dismissed the complamt under Section 203 of the Code on the gniund of insiifficient laaterial for takiug cogiuzance but has not dismissed the complaint on \ *%>. ^- ,-y ,^^- ^isSse39 V- the ground of no evidence iu such circiunstaaces the Court was required to provide aa opportunily for adduciag sufficient inaterial. 6. Takuig iuto consideration the order impugned, order impugned aad order of the trial Court is not sustainable under fhe law aad is liable to be set aside aad it is hereby set aside. Case is remitted back to the Court of Chief Judicial Magistrate, Raigarh. Learaed Chief Judicial Magistrate, Ra^arh shall make farther iaqiiiiy iato the criminal comptoint ia 1» accordance wifh Section 398 offhe Code. Sd/- T.P. Sharma Judge !"ISB8^jtg^ 9