Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33204
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2223 of 2025 1 - Sandeep Agrawal S/o Shri Niranjan Lal Agrawal, Aged About 36 Years, R/o Nagoikhar Ward No-52, Irrigation Colony Darri Tehsil Darri District Korba (C.G.). 2 - Dinesh Agrawal S/o Shri Niranjan Lal Agrawal, Aged About 45 Years, R/o Nagoikhar Ward No. 52, Irrigation Colony, Darri Tehsil Darri, District Korba (C.G.).
... Petitioners versus 1 - State Of Chhattisgarh Through Police Station Darri Distt- Korba (C.G.).
... Respondent For Petitioners : Mr. Hemant Kesharwani, Advocate. For State/Respondent : None.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 16/07/
2025
1. In this petition filed under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023, the petitioners seek a direction for early disposal of Criminal Case No.3088/2022 pending before the Judicial Magistrate First Class, Katghora, District-Korba (C.G.). SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.18 10:23:11 +0530
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2. The case of the prosecution is based on a written complaint dated 30.04.2022, lodged by Chhavi Agrawal, wife of Petitioner No. 1, alleging that the petitioners frequently abused her and subjected her to cruelty. Pursuant to this complaint, the police registered Crime No. 91/2022 on the same day for offences punishable under Sections 506 and 509(B) of the Indian Penal Code (IPC). During the investigation, an additional offence under Section 498-A of the IPC was also registered against the petitioners. The petitioners were subsequently arrested and later released on bail.
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Learned counsel appearing for the Petitioner submits that after the police submitted the charge sheet, the trial court framed the charges on 27.04.2023 and fixed the case for evidence on
26.06.2023. However, prosecution witnesses failed to appear despite summons. The trial court issued a bailable warrant against the complainant for her regular absence. The proceedings are progressing at a slow pace over the past 02 years. Therefore, the counsel prays for a direction to the learned trial Court to conclude the trial in Criminal Case No. 3088/2022 at the earliest.
4. I have heard learned Counsel appearing for the Petitioner and perused the documents annexed with the petition including the
order sheets of the Trial Court.
5. Upon examining the trial court's order sheet, it is evident that charges were framed on 27.04.2023, and the case was listed for prosecution evidence on 26.06.2023. However, due to the
3 absence of parties on various dates, including 18.06.2025, the trial court adjourned the case. The trial court is making expeditious progress in the case. Section 528 empowers the High Court to intervene in cases of abuse of process or to prevent injustice. Therefore, I am not inclined to direct the trial Court to expedite the trial in a time bound manner.
6. Accordingly, the instant petition is hereby dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.