1 / 4 2025:CGHC:44377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 842 of 2025 1. Mukesh Golchha S/o Shri Goutamchand Golchha Aged About 45 Years R/o Near Dani Bada Budhapara P.S. City Kotwali District- Raipur C.G. 2. Chintu Bhupendra Golchha S/o Shrichand Golchha Aged About 39 Years R/o Devendra Nagar P.S. Devendra Nagar Raipur Tehsil And District- Raipur (C.G.) ... Applicants versus 1. State of Chhattisgarh Through Police Station City Kotwali Raipur District- Raipur (C.G.) 2. Smt Anita Pawar W/o Late Dilip Pawar Aged About 46 Years R/o Budhapara P.S. - City Kotwali, Rapur District Raipur (C.G.) 3. Surendra Pathak (Not Mentioned In Order Sheet) Aged About 55 Years R/o Siddhartha Chowk Tikrapara P.S. Tikrapara District- Raipur (C.G.) ... Respondents For Applicants : Ms. Shristi Upadhyay, Advocate For Respondent-State : Ms. Sunita Manikpuri, Dy. Govt. Advocate For Respondent No. 2 : Mr. D.K. Gwalre, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 01/09/2025 1. Applicants have filed this revision challenging the impugned order dated 06.05.2025 passed in Sessions Trial No. 124/2018 by learned Ninth Additional Sessions Judge, Raipur, C.G., whereby learned Trial Court has allowed the application filed under Section 193 of Cr.P.C., without issuing notice to applicants and without providing opportunity of hearing. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 2. Learned counsel for applicants submits that initially police have filed charge- sheet against other five persons only pending investigation against other three co-accused persons including applicants. She submits that after filing of charge-sheet complainant had submitted an application under Section 193 of Cr.P.C. with a prayer for taking cognizance against present applicants in the Crime No. 200/2013. Application filed under Section 193 of Cr.P.C. came to be dismissed for non appearance of Respondent No. 2 which was challenged by her (wife of deceased) ie., Respondent No. 2 in a criminal revision case bearing CRR No. 1236/2024. Co-ordinate Bench of this Court vide order dated 05.02.2025 allowed the same and further observed that application filed under Section 193 of Cr.P.C. be heard after giving opportunity of hearing to both the sides. She submits that intent of the order is that applicants herein against whom the application is filed, to be heard prior to passing of orders on application under Section 193 of Cr.P.C. However, applicants were not issued notice and no opportunity of hearing was provided as directed by this Court in CRR No. 1236/2024. 3. Learned State counsel would support the impugned order. 4. Learned counsel for Respondent No. 2 would submit that after investigation charge-sheet was filed reserving right to file supplementary charge-sheet under Section 173(8) of Cr.P.C. pending investigation against present applicants and one another. Police at later point of time have submitted closure report against applicants and one another, which made Respondent No. 2, who is wife of deceased, to file an application under Section 193 of Cr.P.C. for taking cognizance against applicants as there was sufficient material available against applicants also in the charge-sheet already filed by the police after completion of investigation. However, he does not dispute the submission of learned counsel for applicants that while passing impugned order Annexure P-1, applicants were not heard. He also does not dispute the submission of counsel for applicants with regard to observation made in CRR 3 / 4 No. 1236/2024 for rehearing of application filed under Section 193 of Cr.P.C. after giving opportunity of hearing to both the parties. 5. In paragraph-6 of the order passed in CRR No. 1236/2024 on 05.02.2025, Co-ordinate Bench of this Court observed thus: “6. … therefore, this Court is of the opinion that the matter needs to be remitted back to the trial Court for passing the order on the application under Section 193 of Cr.P.C. afresh after affording due opportunity of hearing to both the parties.” 6. From perusal of order passed by this Court, it is apparent that there was clear direction for giving opportunity of hearing to both the parties, meaning thereby the parties to the application filed under Section 193 of CrP.C., wherein applicants herein were also impleaded as non-applicants. 7. In the aforementioned facts of the case, submissions made by learned counsel for applicants as well as Respondent No. 2, it is appearing that at the time of hearing of application filed under Section 193 of Cr.P.C., applicants were not heard pursuant to the direction/ order passed by this Court. Therefore, order Annexure P-1 dated 06.05.2025 is not sustainable and it is accordingly set aside. Learned Trial Court is directed to re-hear the application filed under Section 193 of Cr.P.C. after giving opportunity of hearing to applicants herein also and pass an order afresh. 8. At this stage, learned counsel for Respondent No. 2 would submit that next date fixed before Trial Court is 09.09.2025 and the applicants be directed to appear before the Trial Court on said date and make their submissions on the application under Section 193 of Cr.P.C. 9. Submission made by learned counsel for Respondent No. 2 is not opposed by learned counsel for applicants. 10. In view of the submissions made by learned counsel for the respective parties, applicants are directed to appear before the Trial Court on the next date fixed 4 / 4 ie., 09.09.2025 and make their submission on the application filed under Section 193 Cr.P.C. by Respondent No. 2 and learned Trial Court shall thereafter pass order(s) afresh on the application under Section 193 of Cr.P.C. in accordance with law. 11. With the aforesaid observation and direction, this Criminal Revision filed under Section 438 r/w Section 442 of Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed in part. Sd/- (Parth Prateem Sahu) pwn JUDGE