1 2025:CGHC:34880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 885 of 2025 1 - Bittu Shaha S/o Sahdev Saha Aged About 26 Years R/o 18 Block, Camp P.S. Mana Camp, Dist- Raipur, C.G. 2 - Abhay @ Ledu Burman S/o Sahdev Saha Aged About 19 Years R/o 18 Block, Camp P.S. Mana Camp, Dist- Raipur, C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Mana Camp District- Raipur (C.G.) 2 - Gaurav Das S/o Gaura Das Aged About 30 Years R/o 18 Block, Mana Camp, P.S. Mana Camp, Dist- Raipur, C.G. (Complainant) ... Respondent For Applicant : Mr. Tanuj Patwardhan, Advocate For Respondent No.1 : Mr. KK Bahrani, Panel Lawyer For Respondent No.2 : Not Noticed Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22/07/2025 1. This petition has been filed under Section 438 R/w Section 442 of BNSS, 2023, being aggrieved by the impugned order dated SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.24 18:42:15 +0530 2 04.06.2025, passed by 9th Additional Sessions Judge, Raipur, District Raipur (C.G.) in Session Case No. 36/2025, arising out of Crime No.368/2024, registered by the Police Station Mana Camp, District Raipur (C.G.) whereby the charges U/s 296 (two times), 115(2), 351(3) (two times), 3(5) and 117(3) of BNS have been framed against the applicants. Hence this revision. 2. Fact of the case in short is that on 19/08/2024 at around 10:00 AM, at the location of 18 Block, Mana Camp, near Shiva Temple, Police Station Mana Camp, District Raipur (Chhattisgarh), the applicants along with other co-accused, shared a common intention to voluntarily cause grievous hurt to the victim Rishikesh Sarkar, and in furtherance of that common intention, the applicants assaulted him with an iron rod and fists, thereby voluntarily causing grievous hurt resulting in permanent disability to the victim. 3. Learned counsel appearing for the applicants submits that no offence under Section 117(3) of BNS can be made out against the applicants. Only on the basis of probability, the said Section has been added. He further submits that from the query report, Dr. Monika Singh Thakur has opined that there is likelihood of permanent disability however, the doctor was not conclusive in her assessment. Hence, it is prayed that the revision may be allowed and the impugned order may be set-aside. 4. On the other hand learned Counsel appearing for the State/Respondent No.1 opposes the argument advanced on behalf of Counsel for the applicants. 5. Heard learned Counsel appearing for the parties and perused the material available on record. 6. Section 117(3) of the B.N.S. is reproduced as under:- “117 (3). Whoever commits an offence under sub- section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in 3 persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life." 7. From perusal of query report, it is specifically mentioned by Dr. Monika Singh Thakur that the injury sustained by the victim Rishikesh Sarkar, in his eye is of grievous nature (grievous hurt) and there is a likelihood to permanent loss (disability) of vision in the eye due to the injury sustained by him, therefore, At this stage, I do not find it appropriate to interfere with the order passed by the trial Court. 8. Accordingly, the revision is dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham