Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:34384
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2272 of 2025 1 - Klesh Ram Sahu S/o Late Amoli Ram Sahu, Aged About 65 Years, R/o 245/b/1, Balco Nagar, District Korba, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Balco, District Korba, Chhattisgarh.
... Respondent For Petitioners : Mr. Syed Mohammad Sahil Afzal, Advocate. For State/Respondent : Mr. Akhilesh Kumar, G.A.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 21/07/
2025
1. In this petition filed under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023, the petitioner seek a direction to expedite the trial in Criminal Case No.2316/2023 pending before the Judicial Magistrate First Class, Korba, District-Korba (C.G.).
2. The petitioner is the complainant in FIR No. 273/2023, registered on 18.04.2023, at Balco Police Station, District Korba, against the accused, Jayprakash Yadav and others, under Sections 420 and 34 of the Indian Penal Code. The FIR SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.22 18:18:21 +0530
alleges cheating and acting in furtherance of common intention, resulting in wrongful loss to the complainant. Upon completion of the investigation, a charge sheet was filed on 12.10.2023, and Criminal Case No. 2316/2023 was registered before the Judicial Magistrate First Class, Korba."
3.
Learned counsel for the petitioner submits that the case involves 10 witnesses whose statements are crucial to the charge sheet, and the trial has been delayed due to the consistent absence of the accused. The protracted delay in commencing the trial, particularly in recording witness statements, has caused significant prejudice to the complainant. Invoking the powers vested under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), this Hon'ble Court may direct the trial courts to ensure expeditious disposal of cases. Accordingly, the counsel prays for a direction to the learned trial court to expedite the trial in Criminal Case No. 2316/2023 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. Section 528 is engrafted to allow the High Court to intervene in cases where there is a clear abuse of process or where it is necessary to prevent injustice. In the present case, I do not find it appropriate to give any direction to the trial Court.
6. Accordingly, the instant petition is hereby dismissed at motion stage itself.
7. Office is directed to sent a certified copy of this order to the trial
Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Sourabh P. Judge