1 2025:CGHC:11381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 867 of 2025 1 - Dakeshwar Dewangan S/o Shri Narendra Dewangan Aged About 29 Years R/o- Block 102, Flate No. 1619, Housing Board Colony, Boriyakala Raipur, District Raipur Chhattisgarh, Pin 492015 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Police Station Mujgahan Raipur, District Raipur Chhattisgarh 492015 2 - Smt. Pooja Dewangan @ Geetanjali Dewangan W/o Shri Dakeshwar Dewangan, D/o Shri Rohit Dewangan Aged About 29 Years R/o- House No. 84 Chhote Nakati Talabpaar, Mahamaya Ward, Aarang, Tahsil Aarang, District Raipur Chhattisgarh 493441 3 - Smt. Gayatri Dewangan W/o Shri Rohit Dewangan Aged About 50 Years R/o- House No. 84 Chhote Nakati Talabpaar, Mahamaya Ward, Aarang Tahsil Aarang, District Raipur Chhattisgarh 493441 ... Respondent(s) For Petitioner(s) : Mr. Curtis Collins, Advocate For Respondent(s) : Ms. Binu Sharma, Panel Lawyer Hon'ble Mr. Justice Arvind Kumar Verma Order on Board 07.03.2025 2 1. Heard. 2. This petition has been filed by the petitioner under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 for a direction to Judicial Magistrate First Class, Raipur C.G. to decide the application of the petitioner filed under Section 175(3) of the BNSS for the offence under Sectioons 318(4), 316(20, 308(2), 395) of BNS which is pending as unregistered case allotted filing No.3354/2025 before the trial Court. 3. Fact of the present case in brief is that the petitioner alleges that respondents R/2 and R/3 committed fraud and cheating regarding her marital status, specifically that she was married to more than one person at the same time. The complainant's husband filed complaints with the SHO Mujgahan Raipur on May 15, 2024, and the S.P. Raipur on May 22, 2024. However, no action was taken by the concerned police authority. As a result, the petitioner filed an application under Section 175(3) of the BNSS, which is currently pending before the Judicial Magistrate First Class Raipur C.G., filed on July 1, 2024. 4. Learned counsel for the petitioner submits that the case is pending before the trial Court since 30.08.2024, arguments have already been closed and is pending for orders. Learned counsel for the submits that the respondent Nos.2 & 3 have been married to more than one at the same time. There is an apprehension and a nexus of fraud played by the respondent Nos.2 & 3 with other persons also which can only be discovered through fair investigation, therefore, the petitioner seeks direction for the concerned trial Court to decide the matter within stipulated time. He further contended that the case is still pending since 30.08.2024 and trial Court has not concluded the proceedings even after hearing the arguments. The petitioner has filed an application 3 under Section 175(3) of the BNSS which is pending before the JMFC, Raipur as unregistered case, therefore, JMFC may be directed to decide the case and pass the final order within any stipulated period as fixed by this Court. 5. Learned counsel for the respondent(s) opposes the submissions made by learned counsel for the petitioner. 6. I have heard learned counsel for the petitioner and perused the documents available on record. 7. In view of the above submissions and also looking to the facts and circumstances of the case, Judicial Magistrate First Class, Raipur C.G. is directed to decide the application filed by the petitioner under Section 175(3) of the BNSS on its own merits without influence of the observation(s) made by this Court which is pending as an unregistered case bearing Filing No.3354/2025 within the period of 15 days from the date of receipt of copy of this order, positively. 8. Accordingly, this petition is disposed of. Certified Copy as per rules. Sd/- (Arvind Kumar Verma) Judge Saxena