1 2025:CGHC:19628-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1293 of 2022 1 - Umashankar Patel S/o Sundar Lal Patel Aged About 43 Years R/o Village Tarkela, Police Station Kotwali, District Raigarh (C.G.) 2 - Gourishankar Patel S/o Sundar Lal Patel Aged About 38 Years R/o Village Tarkela, Police Station Kotwali, District Raigarh (C.G.) 3 - Mahendra Kumar Patel S/o Kunj Ram Aged About 37 Years R/o Village Kurrubhatha, Police Station Bhupdevpur, District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kharsia, District Raigarh (C.G.) 2 - Dayashankar Patel S/o Rohit Kumar Patel, R/o Ranisagar, Police Station Kharsia, District Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rajeev Kumar Dubey, Advocate For Respondent No.1/State For Respondent No.2 : : Mr. Shakid Ahmed,Panel Lawyer Mr. Samrath Singh Marhas, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board 2 Per Ramesh Sinha , Chief Justice 30/04/2025 The present petition under Section 482 Cr.P.C. has been filed by the petitioners with the following prayer: “It is prayed that this Hon’ble Court may kindly be pleased to allow the petition and be pleased to quash/set aside the impugned memo dated 08.07.2022 (Annexure P-1) in the interest of justice.” 2. Challenge in the present petition is to the order dated 08.07.2022 (Annexure P/1) passed by the Chief Judicial Magistrate Raigarh, District Raigarh in Criminal Case No. 385/2010 whereby the case which was referred by the Judicial Magistrate First Class, Kharsia has allowed the application under Section 319 of the Cr.P.C. by order dated 04.03.2022 (Annexure P-2) and it has been observed in the order passed by the learned Judicial Magistrate First Class, Kharsia that the offence under Section 9 of the Prize Chits and Money Circulation Schemes (banning) Act, 1978 can be tried only by the Chief Metropolitan Magistrate or by the Chief Judicial Magistrate and the learned Judicial Magistrate First Class Kharsia has no jurisdiction to try the case and therefore for the purpose of guidelines, the case was referred by the JMFC, Kharsia to Chief Judicial Magistrate Raigarh for grant of proper instructions and guidelines and since learned CJM in Criminal Case No. 385/2010 in a case where the guidelines were required to be given by the letter issued from the office of trial court Kharsia dated 07.03.2022, the learned CJM, Raigarh had mentioned in reply to the memo of the JMFC that the application filed under Section 3 319 Cr.P.C. filed by the accused persons is allowed. 3. Contention of Shri Dubey, learned counsel for the petitioners is that it has been mentioned by the learned JMFC that for the purpose of case under Section 9 of the Act, 1978, the Chief Metropolitan Magistrate of CJM, Raigarh are competent to try the case but the JMFC had allowed the application filed under Section 319 Cr.P.C. for adding one of the accused ie. the Director of the Company ie. Ambedkar Real Estate and Diaries Limitied, in the said crime. Since the learned Judicial Magistrate First Class, Kharsia, Raigarh was not a revisional authority and therefore the memo written by the Chief Judicial Magistrate, Raigarh dated 08.07.2022 is illegal and against the law therefore the same may be quashed and the order passed by the JMFC dated 04.03.2022 may be maintained. 4. We heave heard learned counsel for the parties. 5. The complainants have filed the application under Section 319 of the Cr.P.C is allowed and learned Magistrate before whom the trial was subjudice has stated vide memo dated 04.03.2022 that he has no jurisdiction to try the case as the application under Section 319 of the Cr.P.C. of the petitioner has been allowed and the matter was referred by the JMFC to the CJM Kharsiya who again transferred the matter to the JMFC, Kharsia and it is stated that after the application under Section 319 Cr.P.C is allowed and the matter being under the Depositors Act, it is triable by the Sessions Court. 6. Let the matter be placed before the Sessions Judge, Raigarh who shall place the matter before the competent court. The concerned judge is directed to make all the endeavour to conclude the case 4 expeditiously. 7. With the above observation, the petition stands disposed of. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.05.02 12:07:14 +0530