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2025 DAILYLAW 39498 (CHH)

ISHWAR SINGH CHANDEL v. STATE OF CHHATTISGARH

WPCR/458/2025 · 2025-08-13

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:41116-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 458 of 2025 1 - Ishwar Singh Chandel S/o Late Shri Gulzar Singh Chandel Aged About 50 Years R/o C/o Jaya Tent House, Near Shiv Chowk, Kundudant, Distt. Bilaspur C.G. 2 - Sanjay Kumar Bhaskar S/o Baidynath Singh Aged About 54 Years R/o D D U Nagar, Raipur, Distt. Raipur C.G. ... Petitioners versus 1 - State of Chhattisgarh Through District Magistrate Mungeli, Distt. Mungeli C.G. 2 - Station House Officer, Police Station- City Kotwali, District Mungeli C.G. ... Respondents For Petitioners : Ms. M. Asha, Advocate For Respondents/State : Mr. Sangharsh Pandey, G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 14/08/2025 1. The petitioners have filed this petition praying for following relief:- “i) That, this Hon'ble Court may kindly allow the petition and may kindly be pleased to direct the learned JMFC, Mungeli to decide the application under section 156(3) of Cr.P.C. pending in filing/Misc Criminal Case No. 1539/2024 filed by the petitioners within AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.18 18:13:02 +0530 2 stipulated period of time. ii) That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with costs of the petition.” 2. By the present petition under Article 226 of the Constitution of India, the petitioners are seeking a direction towards the JMFC, Mungeli to decide the application under Section 156(3) Cr.P.C. filed by the petitioners within a stipulated time. 3. Looking to the relief sought by the petitioners, on the last date of hearing, an explanation was sought from the CJM, Mungeli as to why the application under Section 156(3) filed on 14/06/2024 has not been decided till date. 4. Pursuant to the aforesaid order of this Court, the CJM, Mungeli submitted her explanation and stated that the application under Section 156(3) of Cr.P.C. filed by the petitioners on 14/06/2024 has already been decided by directing registration of an FIR. In compliance of the said order, the police of P.S. City Kotwali, Mungeli registered the FIR bearing Crime No.568/2023 for the offence under Section 420, 408, 409, 467, 468, 471, 201, 34 of the IPC and the charge sheet has already been filed. Now the matter is at the evidence stage. 5. When the aforesaid fact has been intimated to the learned counsel appearing for the petitioners, she would submit that the present petition has been filed by the petitioners seeking proper investigation and monitoring of FIR registered on 20/12/2023 by 3 the police of P.S. City Kotwali, Mungeli. She referred the document Annexure P-1 which was alleged to be filed on 14/06/2024 before the CJM, Mungeli. 6. We have heard learned counsel for the parties, perused the pleadings and documents. 7. It appears that the petitioners are only sought a direction for a decision of application under Section 156(3) and there is no prayer for monitoring the criminal case. Even the document Annexure P-1 which is alleged to have been submitted before the CJM is an unsigned document and the same does not contain the seal of the said Court. Thus, the petition filed by the petitioners is misconceived. Vague and sketchy prayer has been made. 8. In view of the submissions made by learned counsel for the petitioners, the present petition is dismissed, subject to depositing a sum of Rs. 2,000/- as cost by the petitioners in the Registry of this Court for wasting precious time fo the court and the said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 9. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioners/State after obtaining the photocopy of the same. - SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep