1 2025:CGHC:44538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2730 of 2025 Drupat Sidar S/o Ravi Singh Sidar Aged About 22 Years R/o Adarsh Nagar Basna, District- Mahasamund, Chhattisgarh. ... Petitioner versus State Of Chhattisgarh Through- Police Station - Basna District- Mahasamund, Chhattisgarh. ... Respondent For Petitioner : Mr. Ravi Kumar Bhagat, Advocate For Respondent-State : Mrs. Sunita Manikpuri, Deputy Govt. Advocate Hon’ble Shri Parth Prateem Sahu Order on Board 02.09.2025 1. Petitioner who is an accused in Special Criminal Case No. 04/2022 has filed this criminal miscellaneous petition, seeking direction by this Court to learned trial Court to conclude the trial pending in Special Criminal Case No. 04/2022 at the earliest. 2. It is submitted by the counsel for petitioner that criminal case was registered on 11.02.2022 and thereafter, charges against the petitioner ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.02 19:03:51 +0530 2 has been framed on 21.06.2022 for the alleged commission of offence under Section 363, 366(A) and 376(2)(n) of Indian Penal Code and Section 4 and 6 of POCSO Act, 2012. After framing of charges the date fixed for recording of evidence of prosecution witnesses was on 18.07.2022. There are as many as 12 witnesses, however, since last three years out of 12 witnesses only 07 have been examined. The petitioner, due to the delay in trial is suffering mentally and physically. He further contended that according to the provision under Section 35(2) of POCSO Act, 2012, trial as far as possible, to be concluded within a period of 01 year. 3. Learned counsel for the State submits that from the order sheet placed in record it is appearing that learned trial Court also issued bailable warrant for causing presence of prosecution witnesses. 4. I have heard learned counsel for the parties. 5. Considering the submission of learned counsel for the parties and further taking into consideration the fact that proceeding as recorded in the order sheet placed before this Court, it is apparent that the prosecution witnesses are not turning up and for some of them arrest warrant and bailable warrant is also issued. It is appearing that the trial Court has taken some steps for causing presence of prosecution witnesses. From the order sheet it is reflecting that trial Court has taken measures for causing presence of prosecution witnessed, however, looking to the provisions under Section 35(2) of the Act of 2012 some stringent step is required to be taken for causing presence of prosecution witnesses. 6. In the aforementioned facts of the case, this criminal miscellaneous petition is disposed of directing the learned trial Court to expedite the 3 trial and take all necessary steps as provided under BNSS for causing presence of prosecution witnesses and to conclude the trial at the earliest. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza