1 2025:CGHC:32604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2179 of 2025 1 - J.P. Tyers, Aged About 38 Years (Wrongly Mentioned As J.P Typers In Cause Title Of Impugned Order), Through Proprietor - Vinod Agrawal, S/o Jagdish Prasad Agrawal, R/o TP Nagar, Korba, District Korba, Chhattisgarh. ... Petitioner versus 1 - Salman Khan S/o Habimulla Khan, R/o Madarsa Habibiya Vikas Nagar Kusmunada, Korba, District Korba, Chhattisgarh. ... Respondent For Petitioner : Mr. Shikhar Bakhtiyar, Advocate appears on behalf of Mr. Anshul Tiwari, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 14/07/2025 1. At the outset, learned counsel for the petitioner submits that this Petition has wrongly been filed as Leave to Appeal. He would further submit that when a complaint case has been dismissed under Section 226 or Sub-Section (4) of Section 227, the proper remedy PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.15 16:41:08 +0530 2 available to the petitioner for non-payment of process fee is to file an appropriate application under Section 439 of the BNSS, 2023 (old Section 398 of the CrPC) and the said provision reads as under:- “439. Power to order inquiry. On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-section (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.” Lastly, learned counsel submits that he may be permitted to withdraw this Petition with liberty to file an appropriate application in accordance with law. 2. In view of the aforesaid, this Petition is dismissed as withdrawn 3 with liberty as prayed for. 3. Registry shall return the certified copy of the judgment along with all the annexures to counsel for the petitioner after retaining the photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Priyanka