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Judgment
Heard.
This petition has been preferred under Section 482 of the Cr.P.C. for issuance of direction to respondent No.2 to decide the application filed by the petitioners under Section 133 of the Cr.P.C.
Learned counsel for the petitioners submits that the petitioners filed an application under Section 133 of the Cr.P.C. on 16-04-2014, wherein order was passed by the S.D.M., Ambikapur on 28-02-2015. That order was challenged before the First Upper Sessions Judge, Ambikapur, Dist: Surguja (C.G.) vide order dated 04-12-2015, who remitted back the matter with a direction that case be heard and decided after providing opportunities of hearing and to adduce evidences and documents to both the parties. It is further submitted that on 09-02-2016 (page 15), the S.D.M., Ambikapur passed an order in this regard, thereafter, the case is kept pending without any further substantial proceedings and the same has not been decided till date, hence, learned counsel for the petitioners submits that the petition may be disposed of by issuing direction as sought for in the petition.
Learned State counsel opposes the submission made by learned counsel for the petitioners.
Considered the submissions, perused the application dated 16-04-2014 filed by the petitioners and order sheets of the Court of Sub Divisional Magistrate, Ambikapur right from 26-04-2014 to 15-03-2022 (annexure P-2).
A perusal of order sheets (annexure P-2, colly) shows that pursuant to application filed by the petitioners, order dated 28-02-2015 was passed by the S.D.M. Ambikapur (C.G.). On being revision preferred by the petitioners, as per order sheets dated 09-02-2016, case was remanded by the First Upper Sessions judge, Surguja with a direction to provide opportunities to both the parties to adduce evidences and documents, thereafter, order be passed. This fact has been noted by the S.D.M., Ambikapur in order dated 09-02-2016, thereafter, subsequent orders shows that no substantive proceeding has been done by the S.D.M. and opportunities of hearing are being extended again and again. Thus, it is clear that application filed by the petitioners in the year 2014 has not been decided by the S.D.M., Ambikapur (C.G.) till date.
Considering the above said facts, this petition is disposed of with a direction to respondent No.2 to consider and decide the application filed by the petitioners under Section 133 of the Cr.P.C. in accordance with law, within a period of six months from the date of receipt/submission of copy of this order.
In view of above observations and directions, the present CRMP stands disposed of finally.