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2025 DAILYLAW 12694 (CHH)

ABHILAS DAS v. STATE OF CHHATTISGARH

CRA/758/2023 · 2025-08-25

Criminal Appealbody2025

Judgment text

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1 2025:CGHC:43366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 758 of 2023 Abhilas Das S/o Shri Bhaskar Chandra Das Aged About 32 Years Deputy Manager, Bank Of Maharashtra, Byron Bazar, Raipur, R/o Village- Pashuda, P.S.- Khunta, District- Mayurbhanj, Odisha. Present Address- Block 4, Flat No. 501, Chilphi Heights, Bhawan Nagar, Shankar Nagar, Raipur Tehsil And District- Raipur, Chhattisgarh. ... Appellant versus 1 - State Of Chhattisgarh Through Police Station- Pithora, District- Mahasamund, Chhattisgarh. 2 - Ram Kumar Bariha S/o Late Alha Ram Bariha Aged About 28 Years R/o House No. 168, Ward Dumarpali, Mahasamund, P.S. Pithora, District- Mahasamund, Chhattisgarh. ... Respondents For Appellant : Dr. Shiv Kumar Shrivastava, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 1. The appellant has preferred this Criminal Appeal under Section 14- A(1) of the SC/ST (Prevention of Atrocities) Act, 2005 for setting aside of order dated 10.01.2023 passed by the Special Judge Scheduled Caste and Scheduled Tribe (Prevention of Atrocity), Mahasamund District- Mahasamund (C.G.) in Special Special Case RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 No. H01/2022, on the basis of charge-sheet dated 12.01.2022 and FIR No.196/2021, registered at Police Station Pithora, District Mahasamund (C.G.) for the offences under Sections 306, 420, 409 read with Section 34 of the IPC and Section 3(2)(v) of the SC/SC Act. 2. The case of the prosecution, in brief, is that the present case arises out of FIR No. 196/2021 registered at Police Station Pithora, District Mahasamund, on the report of Respondent No. 2, Ram Kumar Bariha, alleging that his father, late Alharam Bariha, committed suicide due to the atrocity of Milan Kumar Samal, the then Branch Manager of Bank of Maharashtra, Mahasamund Branch. On spot inspection, police recovered a suicide note dated 04.08.2021 from the pocket of the deceased, whereafter investigation was conducted and final report came to be filed against three persons, namely Milan Kumar Samal, Sanjeev Kumar and the Appellant, under Sections 306, 420, 409/34 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. Cognizance was taken by the learned Special Judge and charges were framed on 10.01.2023 3. Learned counsel for the appellant submits that the appellant is on bail, he is ready to co-operate with the trial and further submits that the trial is at an advanced stage, hence the same may be expedited. 4. Learned counsel for the State submits that he has no objection if the trial is expedited as evidence of 08 prosecution witnesses have already been recorded. 5. I have heard learned counsel for both the parties, and perused documents taken on record. 3 6. From the record it transpires that the office has called for the record of the trial Court, though there was no such order passed by this Court for summoning the same. So far as the status of the trial is concerned, it is reflected from the trial Court record that out of 27 witnesses, 08 prosecution witnesses have already been examined and the trial is in progress. 7. In view of the same, the trial Court is directed to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 8. Accordingly, the present appeal stands disposed of. 9. Before parting, this Court takes note that the office, without any order of this Court, summoned the record of the trial Court, which has resulted in undue delay in disposal of the trial, despite there being no interim order. 10. As such, the Registrar (Judicial) is directed to call for an explanation from the concerned officer as to how the trial Court record was summoned without orders of this Court. The explanation shall be furnished within three days and placed before me in my ‘Chamber’. 11. Let a copy of this order as well as original records be transmitted to the trial Court concerned forthwith by this week positively for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan