1 2025:CGHC:10697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 800 of 2025 1. Vasudev Patel S/o Shri Shrivats Patel Aged About 57 Years R/o Village And Post Pirda, Thana Basna, Tahsil - Pithoura, Distt. Mahasamund, (C.G.) 2. Agasti Pradhan S/o Shri Ramo Pradhan Aged About 52 Years R/o Village And Post Pirda, Thana Basna, Tahsil - Pithoura, Distt. Mahasamund, (C.G.) 3. Nehru Pradhan S/o Shri Ramprasad Patel Aged About 44 Years R/o Village And Post Pirda, Thana Basna, Tahsil - Pithoura, Distt. Mahasamund, (C.G.) 4. Rajkumar Patel S/o Shri Reshamlal Patel Aged About 40 Years R/o Village - Barekel, Post - Pirda, Thana - Basna, Tahsil - Pithoura, Distt. - Mahasamund (C.G.) ... Petitioners versus 1. State Of Chhattisgarh Through The District Magistrate Mahasamund Distt.- Mahasamund (C.G.) 2. Station House Officer P.S. - Basna, Distt. - Mahasamund, (C.G.) 3. Rohit Patel S/o Shri Jagatram Patel Aged About 46 Years R/o Village And Post - Pirda, Thana - Basna, At Present R/o Village - Paraswani Road Sankra, Distt. - Mahasamund (C.G.) ... Respondent For Petitioners : Mr. Sunil Sahu, Advocate For Respondents : Ms. Laxmin Kashyap, P.L. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 11:34:38 +0530 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 05/03/2025 1. The petitioners are challenging the impugned order dated 23.11.2024, passed by the learned Judicial Magistrate First Class Basna, District – Mahasamund by which the case is fixed for argument before framing of charge without deciding the involvement of the petitioners who were not an accused in the case and no FIR, Final Report or further investigation has been carried out against the petitioners by the prosecution. 2. Learned counsel for the petitioner submits that the trial Court has fixed the case for argument before framing of charge against the petitioners. He further submits that there is no material against the petitioners for framing of charge and after taking cognizance under Section 190(1)(c) by the Magistrate, the petitioners have challenge the order of Magistrate before the Hon’ble Division Bench of this Court and in CRMP No.314 of 2022 vide order dated 28.08.2023. The Division Bench has passed the order holding that “the learned magistrate has directed issuance of summons to the petitioners is maintained, however, the direction that the name of the petitioners be added as accused in the charge-sheet is quashed.” He further submits that without further substantial material available in the charge-sheet, charges cannot be made against the petitioners. At this juncture, learned Magistrate has not framed the charge against the petitioner and case is fixed for argument before framing of charge, therefore, this petition may be 3 disposed of with liberty granted in favour of the petitioners to file an application before the Magistrate to discharge the petitioners. 3. Learned counsel for the State submits that impugned order passed by the learned Court below, is proper, legal and strictly in accordance with law and there is no infirmity or illegality in the same. 4. Considering the submissions made by learned counsel for the parties, particularly considering the order passed by the Hon’ble Division Bench vide order dated 28.08.2023 in CRMP No. 314 of 2022 wherein direction was issued that the learned Magistrate has directed issuance of summons to the petitioners is maintained, however, the direction that name of the petitioners be added as accused in the charge-sheet is quashed, it is crystal clear that the Judicial Magistrate First Class, Basna vide its order dated 08.02.2022, has rightly passed the order impugned with respect to summons to the petitioners. 5. Accordingly, this petition is disposed of with a liberty to file an application before the learned Judicial Magistrate First Class, Basna to discharge the petitioners and if the said application shall be filed by the petitioners in turn, the learned Magistrate shall decide the application in accordance with law expeditiously without influence of the order of this Court. Sd/- (Arvind Kumar Verma) JUDGE vaishali