1 2025:CGHC:52242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1355 of 2025 1 - Thanaru Ram Sahu ( Petitioner In Person) S/o Late Shri Kondaram Sahu Aged About 75 Years R/o Village- Kapsada, Thana- Dharsiwa, Tehsil- Dharsiwa, Distt.- Raipur (C.G.) Through Aam Mukhtar Mahesh Kumar Sahu Aged About 52 Years, S/o Shri Thanaru Ram Sahu, R/o. Village- Kapsada, Thana - Dharsiwa, Distt.- Raipur (C.G.) ... Petitioner versus 1 - Smt. Hiraundi Bai Sahu S/o Mahesh Sahu Aged About 72 Years Mo. No.- 7354131923 Village- Kapsad, Thana And Tehsil- Dharsiwa, Distt.- Raipur (C.G.) 2 - Devendra Sahu S/o Churaman Aged About 40 Years Mo. No. 9826992627, Village- Kapsad, Thana And Tehsil- Dharsiwa, Distt.- Raipur (C.G.) 3 - Narendra Sahu S/o Churaman Sahu Aged About 44 Years Mo. No. 990736224, Village- Kapsad, Thana And Tehsil- Dharsiwa, Distt.- Raipur (C.G.) 4 - Phoolchand Sahu S/o Fekuram Sahu Aged About 53 Years Mo No. - 9977736375, Village- Kapsad, Thana And Tehsil- Dharsiwa, Distt.- Raipur (C.G.) 5 - Bhalchand Baghel S/o Hiralal Baghel Aged About 54 Years Tatkalin Halka Patwari Gram - Kapsada, Present P.H.N.- 08, Gram - Pathri, Tehsil- Dharsiwa, Distt.- Raipur C.G. Mo. No.- 9926132404 6 - Arun Sahu S/o Aaju Ram Sahu R/o Village- Tiwraiyya, Thana And Tehsil - Dharsiwa, Distt.- Raipur (C.G.) 7 - Moti Ram S/o Jhuluram Sahu R/o.- Village- Urkura, Tehsil And Distt.- Raipur (C.G.) 8 - Thana Prabhari Thana- Dharsiwa, Distt.- Raipur (C.G.) Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.28 11:02:44 +0530 2 9 - Police Adhikshak Distt.- Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Mahesh Kumar Sahu, Power of Attorney holder of Mr. Thanaru Ram Sahu, Petitioner in Person. For Respondents No.2 to 4 and 7: Ms. Purnima Singh, Advocate. For Respondent No.5 : Mr. Ravipal Maheshwari, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 27-10-2025 1. The present CRMP has been filed against the order dated 25-02-2025 passed by the learned Judicial Magistrate First Class, Raipur in unregistered complaint case (Thanaru Ram Sahu Vs. Smt. Hiraundi Bai Sahu and others) whereby the complaint case filed by the petitioner under Section 200 of the Cr.P.C. has been dismissed by the learned trial Court. 2. From perusal of the order dated 25-02-2025 it transpires that the complaint case filed by the petitioner was dismissed which is not an interlocutory order and criminal revision is maintainable against the order dated 25-02-2025 passed by the learned trial Court. Section 397 of the Cr.P.C. provides calling for records to exercise powers of revision, which reads as under:- “397. Calling for records to exercise powers of revision– (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation – All Magistrates, whether Executive or Judicial, and 3 whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.” 3. The Explanation of Section 397 of the Cr.P.C. would clarify that all Magistrate, whether Executive or Judicial, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398 of the Cr.P.C. The present is an order passed by the learned Judicial Magistrate First Class, Raipur and the learned Sessions Judge, Raipur is superior Court to the learned Judicial Magistrate First Class, Raipur and therefore, as per the Explanation of Section 397 of the Cr.P.C. the criminal revision would lie before the the learned Sessions Judge, Raipur against the order dated 25-02-2025 passed by the learned Judicial Magistrate First Class, Raipur. 4. In view of the aforesaid provision, the present CRMP is disposed of reserving liberty in favour of the petitioner to approach before the revisional jurisdiction as provided under Section 397 of the Cr.P.C. 5. The certified copies of the documents annexed with the petition be returned back to the petitioner after retaining attested true copy of the same. Sd/- (Ravindra Kumar Agrawal) Judge Aadil