1 2025:CGHC:33205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2226 of 2025 1 - Vikas Khare S/o. Vinod Khare, Aged About 40 Years R/o. Khare Badi, Hanoda, Durg, P.S. Padmanabhpur, Durg, Tehsil And District Durg (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Padmanabhpur Durg, District Durg (C.G.). 2 - Omhari Sahu, S/o. Late Kapoorchand Sahu, Aged About 59 Years R/o. Quarter No. 14 Street No. 12, Sector-2 Bhilai, District Durg, Tehsil And District Durg (C.G.). ... Respondents For Petitioner : Mr. Rishabh Gupta, Advocate. For State : Ms. Sunita Manikpuri, Dy.G.A. 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 petitioner seek a direction for early disposal of Criminal Case No. RCC/3801/2023 pending before the Judicial Magistrate First Class, Durg, District Durg (C.G.). 2. Facts of the present case are that the petitioner, employed with Larsen and Toubro Technology Services in Mumbai, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.18 17:50:14 +0530 2 Maharashtra, is implicated in a case registered under Crime No. 61/2023 for offenses under Sections 294, 506, and 427 of the IPC. The FIR, lodged on 05.04.2023, alleges that on 28.03.2023, the petitioner, as the owner of adjacent land (Khasra No. 871, area 8000 sq. ft.), demolished a storage room constructed by the complainant on his own land (Khasra No. 868/1R, area 1087 sq. ft.) in Risali, Dhanori, Durg, Chhattisgarh, where the complainant stored construction material for his house. 3. Learned counsel for the Petitioner submits that the Petitioner had earlier filed CRMP No. 1876/2023 seeking quashing of the FIR and criminal proceedings, which was dismissed as withdrawn pursuant to an out-of-court settlement between the parties. However, the complainant has failed to comply with the terms of the settlement. Despite issuance of summons, the trial proceedings in Criminal Case No. RCC/3801/2023 have been pending for over two years due to the complainant's non- appearance. The Petitioner is working in Mumbai, it has become challenging for him to repeatedly appear before the trial Court, further delaying the trial's conclusion. In light of the above, the Petitioner humbly prays for a direction to the trial Court to expedite and dispose of the case preferably within a period of one month. 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. Section 528 is engrafted to allow the High Court to intervene in 3 cases where there is a clear abuse of process or where it is necessary to prevent injustice. It is not meant to manage the trial process and specific timelines for disposal. Therefore, I am not inclined to direct the trial Court to conclude 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.