CHANDAN MAL NAHATA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this revision, the applicants have challenged legality and propriety of the order dated 30.12.2009 passed by the First Additional Sessions Judge, Raipur in Criminal Revision No.80/2009, whereby learned First Additional Sessions Judge has reversed the order dated 22.6.2009 passed by the Sub Divisional Magistrate, Raipur in Case No.1140/2001 passed under Section 133 of the Cr.P.C.

(2.) AS per order impugned and previous order passed by this Court in Criminal Revision Nos.534 of 2002 and 643 of 2004, proceeding under Section 133 of the Cr.P.C. has been initiated in the year 2001, it was finally contested up to the High Court and vide order dated 5.12.2008 in Criminal Revision Nos.534 of 2002 and 643 of 2004, case has been remitted to the Sub Divisional Magistrate for inquiry in accordance with Sections 133 to 141 of the Cr.P.C., especially in the light of existence of any emergency and availability of other remedy. Para 10 of the aforesaid judgment reads as under:-

(3.) LEARNED counsel for respondent No.4 also opposes the revision.