1 2025:CGHC:12768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 975 of 2025 • Rohit Kumar Singh S/o Abhaya Kumar Singh Aged About 31 Years R/o Ward No. 39, Bhim Dafai. Sonawani Dumanhill.- Chirmiri, Sonawani Colly District Koriya (C.G.) • Vikram Singh S/o Abhaya Kumar Singh Aged About 26 Years R/o Ward No. 39, Bhim Dafai. Sonawani Dumanhill.- Chirmiri, Sonawani Colly District Koriya (C.G.) ... Petitioners versus • The State Of Chhattisgarh Through Secretary Home Department, Mantralaya Mahanadi Bhawan, New Raipur, District Raipur (C.G.) • The State Of Chhattisgarh Through Station House Officer, Police Station- Chirimiri, District Manendragarh-Chirimiri-Bharatpur (C.G.) ... Respondents For Petitioners : Mr. Pavas Sharma, Advocate For Respondents : Ms. Pragya Shrivastava, Dy. G.A Hon’ble Shri Justice Arvind Kumar Verma Order on Board 18/03/2025 1. Being aggrieved with the non-action and uncaring efforts on the part of the respondent authorities whereby the respondent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.22 17:28:37 +0530 2 authorities have filed charge-sheet against all the under Section 193 BNSS before the learned trial Court. 2. Brief facts of the case are that the petitioners are real brothers, on 19.07.2024 at about 10:30 PM, accused Sonu Sardar and others forcibly dragged the petitioners into their house and brutally assaulted them with an intent to kill. As a result, both the petitioners sustained severe head injuries. Upon receiving information from petitioner No.01's friend Sujeet Kumar, Chirmiri Police Station registered Crime No. 204/2024 under Sections 115, 119(2), 296, 351(1), and 351(3) of BNS and in connection with the same incident, a counter-case bearing Case No.203/24 under Sections 296, 351(2), 351(3), 115, 332(C), and 3(5) of BNS was registered against the petitioners and due to the grievous nature of injuries sustained, the petitioners were admitted to the district hospital for medical treatment. Seeing the critical condition of petitioner no.01 was referred to Raipur for advanced treatment. However, in an unlawful act, the Chirmiri Police intercepted petitioner No.01 en-route, arrested him, and sent him to judicial custody without allowing him to receive proper medical care thereafter, the petitioner preferred an application before the Judicial Magistrate First Class, Chirmiri, requesting appropriate medical treatment petitioner no.01 and subsequently, the District Hospital Baikunthpur, Koriya, confirmed the seriousness of his injuries and recommended treatment at Raipur. Presently, petitioner no.01 is receiving treatment while in judicial custody and espite the 3 severity of the attack on the petitioners, the Chirmiri Police has not taken any legal action against Sonu Sardar and other accused persons involved in Crime No. 204/2024. Instead, the police have acted in a biased manner to shield the culprits, thereby obstructing the course of justice and the petitioner's father submitted a formal complaint to the Superintendent of Police, Manendragarh, District-MCB (C.G.), seeking action against the accused. However, no steps have been taken by the authorities to address the issue. Hence this offence. 3. Learned counsel for the petitioner submits that the petitioners are real brothers on 19.07.2024 at about 10:30 PM accused Sonu Sardar and others forcibly dragged the petitioners into their house and brutally assaulted them with an intention to kill. He further submits that the petitioners and Sonu Sardar in connection with same incident a counter case bearing case No. 203 of 2024 under Section 296, 351(2), 351(3), 115, 332(C) and 351(3) of BNS were registered against the petitioners and chrge- sheet has also filed against the petitioners. He also submits that the petitioners also lodged the FIR against the Mr. Sonu Sarda and other co-accused which has been registered as FIR No. 204 of 2024 under Sections 115, 119(2), 296, 351(1), and 351(3) of BNS on 19.07.2024 but the police has not filed the final report before the Judicial Magistrate. 4. I have heard learned counsel for the parties at length and perused the records. 4 5. Looking to the facts and circumstances of the case and particularly the fact that counter FIR has been registered against the petitioners and Sonu Sardar & others, charge-sheet has already been filed before the trial Court with regard to FIR No. 203 of 2024 and FIR No.204 of 2024 filed by the petitioners which has been registered on 19.07.2024, which is pending before the Investigating Officer and investigation is going on. Therefore, it is directed that as soon as possible preferably within four months from today respondent No.2 complete the investigation and as per perusal of Section 173(2) of BNSS the Officer In-charge of the police Station shall forward the final report to Judicial Magistrate. 6. With the aforesaid observations/directions instant petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE vaishali