1 CRMP No. 1653 of 2025 2025:CGHC:21976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1653 of 2025 1 - Xyz Nil ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mahanadi Bhavan, Naya Raipur, Raipur (C.G.) 2 - Superintendent Of Police Distt. Raipur (C.G.) 3 - Station House Officer Police Station- Tilda Nevra, Distt. Raipur (C.G.) 4 - Balkrishna Jangade S/o Late Brijlal Jangade Aged About 35 Years R/o Village Temri, Thana Nandgath Distt. Bemetara Present Address- H.I.G. 1/13, Pirada Housing Board, Thana- Vidhansabha Distt. Raipur 5 - Anjana Jangad W/o Balkrishna Jangade Aged About 34 Years R/o Village Temri, Thana Nandgath Distt. Bemetara Present Address- H.I.G. 1/13, Pirada Housing Board, Thana- Vidhansabha Distt. Raipur ... Respondent(s) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.05.13 17:30:53 +0530 2 CRMP No. 1653 of 2025 For Petitioner : Ms. Smita Jha, Panel Lawyer For Respondents : Mr. Umakant Singh Chandel, Dy. A.G. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 13 /05/2024 1. This petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner seeking expeditious conclusion of the trial arising out of a heinous offence under Sections 307, 454, 354, 376, 120(B), 201, 376(2)(m) of the IPC and Section 66(E) of the Information Technology Act, 2000 against respondents No. 4 and 5. 2. Facts of the present case, in nutshell, As per the FIR, on 15.03.2021, while the petitioner was at home, an unknown person entered, assaulted, and committed sexual offences against her. On investigation, respondents No. 4 and 5 were arrested. The charge-sheet was filed on 15.03.2021 and charges were framed on 04.10.2024. However, despite the serious nature of allegations and the lapse of considerable time, only two out of twenty-nine witnesses have been examined so far. The petitioner alleges consistent delays by the accused and inaction by the trial court. 3 CRMP No. 1653 of 2025 3. Learned counsel for the petitioner submits that despite the filing of the charge-sheet on 15.03.2021 and framing of charges on 04.10.2024, only two out of twenty-nine witnesses have been examined so far. She further submits that on every hearing from the very first day of trial the accused person has tried to delay the trial which is also mentioned in the order-sheet of the trial Court which is annexed as Annexure P/2. She goes on to submit that on 14.09.2023 the examination of the complainant has been stated and completed on 15.10.2023. She further submits that the petitioner had earlier approached the Division Bench by filing WPCR No.232/2025, which was dismissed with liberty to file an appropriate petition before the proper forum. Therefore, looking to the delay in trial, petitioner prays to expedite the trial for early disposal of the case in the interest of justice. 4. Learned State counsel submits that he is having no objection to the limited prayer of the petitioner for expedite the trial and has sought reasonable time for conclusion of the trial. 5. I have heard learned counsel for the petitioner and perused the documents available on record with utmost circumspection. 4 CRMP No. 1653 of 2025 6. It is pertinent to mention here Section 309 of CrPC, which states as under:- “309. Power to postpone or adjourn proceedings.- [(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under Section 376, [Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA or Section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall] be completed within a period of two months from the date of filing of the charge-sheet].” 7. Looking to the facts and circumstances of the present case and particularly that the charge-sheet has been field on 15.03.2021 and charges were framed on 04.10.2024, therefore, taking into consideration the proviso of Section 309 of Code of Criminal Procedure, I found that there is a delay in trial and only two witnesses have been examined out of twenty nine by the trial Court. 8. Therefore, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of three months excluding the vacation 5 CRMP No. 1653 of 2025 period (from 12th of May, 2025 to 6th of June, 2025) from the date of receipt of copy of this order, if there is no legal impediment. The trial court is further directed to avoid unnecessary adjournments and adhere to the day-to-day hearing requirement as per the provisions of Section 309 CrPC. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. 10. The petition is allowed to the limited extent of directing expeditious conclusion of the pending trial in accordance with law and the time schedule mentioned above. Sd/- (Arvind Kumar Verma) Judge Saxena