1 2025:CGHC:20241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1511 of 2025 1 - Vinita Chouhan W/o Virendra Chouhan Aged About 42 Years R/o Gitanjali City Phase 02 Police Station Sarkanda Bilaspur District - Bilaspur (C.G.) ... petitioner versus 1 - State Of Chhattisgarh Through Secretary Law And Legislative Affairs Department Ministry Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh ... Respondent(s) For petitioner : Mr. Love Kumar Ramteke, Advocate For Respondent(s) : Mr. Vivek Sharma, Addl. Advocate General S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 02/05/2025 1. The present appeal under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS 2023”) for quashing of the order dated 13.12.2023 & 13.09.2024 passed in Criminal Case No. 221/2022, pending before the learned Judicial Magistrate, First Class, Bilaspur. 2. Learned counsel for the petitioner would submit that the petitioner is facing trial of the Criminal Case No. 211/2022 for the offence under Section 420/34 of IPC along with other co-accused persons. She was SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.02 18:23:19 +0530 2 regularly appearing in the proceeding before the learned trial Court yet arrest warrant has been issued against her on 13.12.2023 which continued up to 13.09.2024. He would also submit that since the petitioner is regularly appearing, the issuance of arrest warrant is clear abuse a process of Court as well as law and the order dated 13.12.2023 and 13.09.2024 may be set aside. 3. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the petitioner and he would refer the order sheet dated 13.09.2024 which is annexed with the petition at page No. 11. He would also submit that it is observed that the present petitioner has put her signature at the counter part of the order-sheet but has not furnished bail bond. He would also submit that the petitioner has not filed any application before the learned trial Court that a wrong order sheet has drawing against her and despite her presence, arrest warrant has been issued against her, it may be recalled, therefore, there is no merits in the petition and the same is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the document annexed with the petition. 5. From perusal of the order sheets annexed with the petition (Annexure-A/1), it reflects that on 13.12.2023, the warrant of arrest has been issued against the petitioner, which continued up to 13.09.2024. On 13.09.2024, the learned trial Court has observed as follows:- jkT; }kjk vkjksih lqchj] Hkhe lfgr vf/k- Jh iz’kkar xuksjdj] vf/k- mi-A vkjksih fouhrk] lwjt vuqifLFkrA izdj.k vkjksih fouhrk ,oa lwjt dh mifLFkfr gsrq fu;r gSA 3 izdj.k ds voyksdu ls nf’kZr gS fd vkjksih fouhrk ,oa lwjt ds fo:) fxj- ok- fnukad 13-12-2023 dks tkjh gks pqdk gS fdUrq fouhrk ,oa mlds vf/koDrk }kjk fnukad 28-06- 2024 dks vkns’kif=dk esa gLrk{kj fd;k x;k vkSj tekur izLrqr ugh fd;k x;k gSA ,slh fLFkrh esa vkjksih fouhrk ,oa mlds vf/koDrk dks vkns’kif=dk esa gLrk{kj djus ls oftZr fd;k tkrk gS rFkk fu;ekuqlkj tekur izLrqr djkrs gq, mifLFkfr ntZ djkus dks funsZf’kr fd;k tkrk gSA vkjksih fouhrk] lwjt ds fo:) fxj-ok- tkjh fd;k tkosA izdj.k fouhrk] lwjt ds mi- gsrq 20-11-2024A 6. It also appears that the petitioner has not made any application before the learned trial Court that a wrong order sheets has been drawn against her whereas she is regularly appearing and her signature is also there in the counter part of the order-sheets. The learned trial Court has observed in its order sheet dated 13.09.2024, the petitioner has put her signature later on and the learned trial Court warn the petitioner from putting her signature in the order-sheets. 7. In view of the above, without commenting anything in the subject matter, this Court is of the opinion that the petitioner would not able to make out a good case in her favour to interfere with the impugned order and I do not find any good ground to grant relief to the petitioner and accordingly the present petition sens merit and is hereby dismissed. 8. The petitioner is at liberty to approach to the learned trial Court to avail her remedy available under the law. 9. A copy of this order shall be forwarded to the learned trial Court for information and necessary compliance. (Ravindra Kumar Agrawal) Judge Sagrika