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2023 Supreme(Chh) 348

RAKESH MOHAN PANDEY
Kamta Dewangan W/o Late Ramnarayan Dewangan – Appellant
Versus
Gopika Dewangan W/o Kirtan Lal Dewangan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Suresh Tandon.
For the Respondents: Praveen Das, Ashish Gupta.

ORDER :

1. The petitioner has challenged the order dated 16.7.2015 passed by the learned Seventh Additional Sessions Judge, Raipur in Criminal Revision No. 313 of 2013 whereby the revision preferred by the petitioner has been dismissed and the order passed by the learned Judicial Magistrate First Class, Raipur in Complaint Case No. 110 of 2009 dated 2.7.2013 has been affirmed.

2. The facts of the present case are that a complaint case was filed by husband of the petitioner, namely, Ramnarayan Dewangan under Section 200 of Cr.P.C. for registration of a complaint case for commission of offence punishable under Sections 294, 506B, 323, 379, 447, 452 and 454 of the Indian Penal Code against respondent No. 1. Learned trial Court after examination of the complainant took cognizance of the matter and thereafter, process was issued to respondent No. 1.

3. During pendency of the complaint case, on 14.1.2012, the original complainant, namely, Ramnaran Dewangan expired and thereafter, an application was moved by the petitioner seeking permission to continue with the complaint case. Aforesaid application was rejected on 2.7.2013 by learned trial Court on the ground that there is no material to es

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