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2023 Supreme(Chh) 162

PARTH PRATEEM SAHU
Maniram Sinha S/o. Late Shri Ghasiyaram Sinha – Appellant
Versus
State of Chhattisgarh, through the District Magistrate Mahasamund, Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sunil Sahu.
For the Respondent: Ms. Akshara Amit, Panel Lawyer.

ORDER :

1. Challenge in this petition is to the order dated 17.10.2022 passed by learned Sessions Judge, Mahasamund dismissing criminal revision preferred by petitioners herein against the order dated 30.6.2022 passed in Criminal Case No.2100/2014 by which learned Judicial Magistrate 1st Class, Mahasamund (for short 'the Magistrate') allowed application filed by respondent under Section 216 read with Section 323 of the Code of Criminal Procedure, 1973 (for short 'CrPC').

2. Facts relevant for disposal of this petition are that on 2.6.2014 complainant Deman Sinha lodged report in Police Station Mahasamund based on which crime bearing No.39/2014 was registered against petitioners herein for commission of offence defined under Sections 323, 306, 382 & 34 of Indian Penal Code (for short 'IPC'). Police submitted final report under Sections 323, 306, 384, 147 of IPC. Based on material available in charge sheet and considering that offence is also registered under Section 306 of IPC, learned Magistrate committed the case under Section 209 of CrPC to the Sessions Court. Learned Sessions Judge taking into consideration facts and circumstances of case and submissions of learned counsel for res

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