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2017 Supreme(Chh) 150

SANJAY K.AGRAWAL
Manjeet Kaur Bal – Appellant
Versus
Bhawani Shankar Tiwari – Respondent


Advocates Appeared:
For the Petitioner: Mr. Devershi Thakur

ORDER :

Sanjay K. Agrawal, J.

The petitioner herein calls in question the legality, validity and correctness of the order dated 16.12.2016 passed by the 1st Additional Sessions Judge, Raipur in Criminal Revision No. 373/2016 by which the 1st Additional Sessions Judge has dismissed the revision petition summarily filed by her affirming the order dated 15.7.2016 passed by the Judicial Magistrate First Class, Raipur by which learned Magistrate has declined to take cognizance of the complaint filed by the petitioner herein and dismissed the same filed under Section 156(3) of the CrPC.

2. Mr. Devershi Thakur, learned counsel appearing for the petitioner/complainant, would submit that the petitioner filed complaint under Section 156(3) of the CrPC for registering the case under Sections 182, 332, 333, 500/34 and 120B of the IP, but learned Magistrate treated the case under Section 200 of the CrPC and examined the complainant herself as CW-1 and her witnesses Chandraprakash Patre (CW-2), Nisha Netam (CW-3), Mahesh Patel (CW-4), Anand Raghuwanshi (CW-5), Siddheshwar (CW-6) and Jagat Pathak (CW-7) and proceeded to try the application filed under Section 156(3) of the CrPC as complaint under Se























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