1 2025:CGHC:37847-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2391 of 2025 M. Varun S/o Late Shri M. Somesh Aged About 25 Years R/o Near Ganesh Mandir, Railway Colony, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Superintendent Of Police Bilaspur, Chhattisgarh. 2 State Of Chhattisgarh Through Station House Officer, Police Station Tarbahar, District : Bilaspur, Chhattisgarh 3 Navin Goswami S/o Chatrapal Goswami Aged About 21 Years R/o Station Road Near Chakarbhata Station, District : Bilaspur, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Arjit Tiwari, Advocate For Respondent /State : Mr. Malay Jain, P.L. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.02 12:29:43 +0530 2 Per Ramesh Sinha, Chief Justice 01/08/2025 1. Heard Mr. Arjit Tiwari, learned counsel for the petitioner and also Mr.Malay Jain , P.L. for the State. 2. The instant CRMP has been filed under Section 482 of the Cr.P.C with the following prayer:- i. That this Hon'ble Court may kindly be pleased to quash the First Information Report bearing Crime Number 135/2023 dated 07.05.2023 registered at Police Station Tarbahar against the present Petitioner District Bilaspur, C.G. u/s Sections 147, 148, 149, 294, 323, 506, 325, 307, 120B 1208 of IPC, Sections 25 and 27 of the Arms Act, and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as Charge sheet No.146 of 2023 and all consequent criminal proceedings in respect of Petitioner herein in light of Justice and equity. ii. That, the order dated 02.09.2023 of charge framing under Sections 147, 148, 149, 294, 323, 506, 325, 307, 120B of IPC, Sections 25 and 27 of the Arms Act, and Sections 3(2) (v) and and Scheduled Tribes 3(2)(va) of the Scheduled Castes (Prevention of Atrocities) Act, 1989 passed in Special Case (Atrocity)/23/2023 may be quashed in respect of Petitioner herein In the interest of justice. Iii. To quash the order dated 24/07/2023 by which 3 cognizance of the offence was taken by the Ld. trial Court in the criminal case bearing Special Case (Atrocity)/23/2023 in respect of Petitioner herein v. That this Hon'ble court may further be pleased to pass any other order in favor of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost." 3. The facts of the case in brief is that an FIR was lodged on 07.05.2023 which relates to assault on the victim Bhaskar Verma by several named individuals, who allegedly used iron rods, knives and other sharp-edged weapons while hurling filthy casteist abuses, thereby invoking the provisions of the SC/ST (prevention of Atrocities) Act. The name of the present petitioner does not find mention in the original FIR and his name was roped subsequently during the course of investigation on the sole ground that a vehicle was used by some of the co-accused to arrive at the scene of incident which is registered in his name. 4. Learned counsel for the petitioner submits that the petitioner was not present at the scene of the incident and nor have any link with the crime. He further submits that he is a young student and registration of FIR will harm his professional career. He further submits that he is not named in the FIR nor any specific allegations are made against him and his name has been subsequently added. He further submits that after the death of the 4 father of the petitioner, he has applied for compassionate appointment but due to pendency of this case his compassionate appointment claim has not been considered. He further submits that statement of PW1/ victim has been recorded and there are total of 27 witnesses who are not appearing before the learned Trial court which is evident from the order-sheets and the trial will take time. Therefore, he prays for quashment of the FIR, final report and further proceedings. 5. Per Contra, learned State counsel oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand the charge sheet has also been filed and the matter requires investigation. 6. We have heard learned counsel for the parties and perused the documents. 7. Bare perusal of the records shows that there are 27 witnesses and the matter is of the year 2023 and till date only one of the witness has been examined and the other witnesses are not appearing before the Trial Court for recording of the evidence. 8. In order to summon the witnesses to complete the proceedings, the Superintendent of Police, Bilaspur is directed to ensure presence of the witnesses before the Trial Court for recording of evidence. 9. However, this Court hopes and trusts that the trial Court shall 5 make an earnest endeavour to conclude the trial expeditiously preferably within a period of 6 months from the date of receipt of this judgment in accordance with law, if there is no legal impediment and the appellant is directed to co-operate with the trial. 10. With the aforesaid observation, the present CRMP is disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar