1. Shri R.K. Khare, the learned Govt. Advocate, raises a preliminary objection about the maintainability of this petition filed u/s 482 Cr.P.C., by placing reliance on the decision of the Apex Court in the case of Dharampal and Others v. Ramshri and Others reported in AIR 1993 SC 1361 = 1993 (1) MPWN 85.

2. Shri Kochar, the learned counsel for the petitioner, in reply submitted that though in the petition the correctness and propriety of the order dt. 28.8.92, passed by the IIIrd Addl. Sessions Judge, Raipur in Criminal Revision No. 87/92 and order dt. 19.2.92, passed by Judl. Magistrate, First Class, Gariyaband in Criminal Case No. 572/90, has been challenged, but, in fact now the petitioner is challenging the propriety of initiating and continuance of the proceedings against the petitioner, only on inadmissible evidence. Petitioner, Sushil Kumar Sharma, has filed this petition u/s 482 Cr.P.C. being aggrieved of the order passed by the Judicial Magistrate, First Class, Gariyaband taking cognizance against the petitioner for offence under sections 411 and 414 of the IPC. The above order passed by Judl. Magistrate, First Class, Gariyaband was affirmed by IIIrd Addl. Sessions J