1 2025:CGHC:25586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1886 of 2025 1. Indrapal Chandrakar S/o Late Aman Chandrakar, Aged About 57 Years, R/o Village And Post Gorkapar, Tehsil Gunderdehi, Distt. Balod Chhattisgarh. 2. Pulkit Chandrakar S/o Indrapal Chandrakar, Aged About 24 Years, R/o Village And Post Gorkapar, Tehsil Gunderdehi, Distt. Balod Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through Officer In-Charge, Gunderdehi, Balod, District Balod Chhattisgarh. 2. Gaurav Chandrakar S/o Mohit Kumar, Aged About 30 Years, R/o Village Gorkapar, Gunderdehi, Balod, Balod Chhattisgarh. ... Respondents For Petitioners : Mr.Akash Kumar Kundu, Advocate. For State : Mr. Vivek Sharma, Addl. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 19/06/ 2025 1. The instant petition has been filed under Section 528 of BNSS, 2023, challenging the impugned order dated 21.02.2025 passed by the learned First Sessions Judge, Balod (C.G.), whereby the application filed under Section 438 and Section 440 of IPC, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.19 14:21:15 +0530 2 2023 filed by the petitioners has been dismissed. 2. Learned counsel for the petitioners submits that the offence under Section 325 of the IPC is not made out in this case because the report of the incident was lodged with a delay of about 08 days. Furthermore, the fracture mentioned in the MLC of the injured Gaurav Kumar, is an old fracture. Therefore, the petitioners deserve to be discharge from the charge under Section 325 of the IPC. 3. Learned State counsel opposes the submissions made by learned counsel for the petitioner and supports the impugned order. 4. I have heard learned Counsels appearing for the parties and perused the record with utmost circumspection. 5. Upon examination of the MLC of the injured Gaurav Kumar, it is observed that he sustained a fracture near his left ankle, and in response to the police query, the doctor opined that the said fracture injury was sustained on the date of incident i.e., 23.03.2022. Therefore, in view of above circumstances, the petitioner’s argument is not found acceptable. 6. Accordingly, the present petition is dismissed at the motion stage. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.