RAJENDRA CHAWLA Vs. CHANDRA PRAKASH CHABDA

JUDGEMENT

(1.) Both the petitions i.e., Cr.M.P.No.1583 of 2017 and Cr.M.P. No.1663 of 2017 are decided together as two different orders passed by the Courts below in different stages are subject to challenge in one proceeding. Since the facts and law involved in both the cases are one and the same, they are decided by this common order.

(2.) Cr.M.P.No.1663 of 2017 is against the judgment dated 23rd August 2017 passed in Criminal Revision No.119 of 2017 by the Sixth Additional Sessions Judge, Bilaspur. The said order was passed by the revisional Court against the order dated 07.06.2017 passed by the Judicial Magistrate First Class, Bilaspur whereby the JMFC has refused to take cognizance of the complaint u/s 156(3) of Cr.P.C . In the result the complaint moved by the complainant u/s 156(3) was dismissed.

(3.) Cr.M.P.No.1583/2017 is filed against the Order dated 09.10.2017 passed by Sixth Addl. Sessions Judge, Bilaspur in Criminal Revision No.188/2017. In such revision, the order passed by the JMFC dated 26.10.2017 was under challenge whereby the Magistrate has held that prima facie sufficient evidence is available and directed the Station Incharge, City Kotwali to register the case against the petitioners/accused u/ss 420, 467, 468, 471 of IPC and submit the final report after investigation.