Chattisgarh High Court
Mangal Das Chouhan vs Radheshyam Pradhan 11 Wpc/1188/2019 ... on 1 April, 2019
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Misc. Petition No.857 of 2012
Mangal Das Chouhan, S/o Late Ganeshram Chouhan, 38 years, R/o Village
Manikpur Chhote, P.S. Sariya, Tahsil Baramkela, Distt. Raigarh (C.G.)
---- Petitioner
Versus
Radheshyam Pradhan, S/o Bhagat Ram Pradhan, by caste Kolta, 40 years,
R/o Village Maharajpur, P.S. Sariya, Tahsil Baramkela, Distt. Raigarh (C.G.)
---- Respondent
For Petitioner: Mr. Soumitra Kesharwani, Advocate on behalf of Mr. Awadh Tripathi, Advocate.
For Respondent: None present.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/04/2019
1. The respondent initiated proceeding under Section 145 of the CrPC before the Sub-Divisional Magistrate in which the present petitioner filed some preliminary objection and his preliminary objection was rejected by order dated 5-6-2012 against which the present petitioner filed a revision before the Additional Sessions Judge and that revision was dismissed against which this petition under Section 482 of the CrPC has been preferred.
2. Learned counsel for the petitioner submits that the order impugned is unsustainable and bad in law.
3. None present for the respondent.
4. I have heard learned counsel for the petitioner and perused the orders with utmost circumspection.
5. The learned Sub-Divisional Magistrate has only rejected the preliminary objection filed by the petitioner. The petitioner is at liberty 2 to file detailed reply before the Sub-Divisional Magistrate and thereafter, the Sub-Divisional Magistrate shall conclude the proceeding within three months from the date of receipt of a copy of this order and meanwhile, for three months, the interim order dated 20-4-2015 shall remain in operation.
6. The petition stands finally disposed of.
Sd/-
(Sanjay K. Agrawal) Judge Soma