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2025 DAILYLAW 45721 (CHH)

SANTOSH MAHAPATRA v. VIJAYA MOTWANI

CRMP/64/2025 · 2025-01-27

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:4781 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 64 of 2025 • Santosh Mahapatra S/o Shri Agadhu Mahapatra Aged About 53 Years R/o Near Gayatri Mandir, Dantewada, Tehsil And District Dantewada Chhattisgarh. ... Petitioner(s) versus 1 - Vijaya Motwani D/o Shri Ashok Motwani Aged About 40 Years R/o House No. 70, Gayatri Nagar, Telhibandha, Raipur Chhattisgarh. 2 - Smt. Rajkumari Motwani W/o Shri Ashok Motwani Aged About 77 Years R/o House No. 70, Gayatri Nagar, Telhibandha, Raipur Chhattisgarh. ---- Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Ms. Katyayani Vishnupriya, Advocate. ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 27.01.2025 1. Petitioner has filed this petition seeking direction to the concerned Court below for early disposal of M.J.Case No.992/23 (Santosh Mahapatra vs. Vijaya Motwani & Anr.) pending before the Judicial Magistrate First Class (J.M.F.C.), Raipur, Chhattisgarh. 2. Brief facts of the case are that in WP(227) No.247/2021, this Court has passed the following order on 08.04.2021: “Considered on the submissions made, this petition is disposed off at motion stage. The Court of learned Judicial Magistrate First Class, Raipur, in which the Criminal Case 2 No.4405/2017 is pending, is directed to expedite the trial in the case mentioned hereinabove and conclude the same as early as possible within 06 months from the date the normal functioning of the Courts is restored. The petitioner is also granted liberty to file application under Section 456 of Cr.P.C. if it is so advised by his counsel and in case any such application is filed, the learned trial Court is also directed to consider on the same and pass appropriate order in accordance with law.” 3. Learned counsel for the petitioner submits that pursuant to order of this Court dated 08.04.2021, trial of Criminal Case No.4405/2017 was concluded and final order has been passed on 28.03.2023 and, thereafter, on 24.04.2023 petitioner moved an application under Section 456 of Cr.P.C before JMFC, Raipur, which is still pending for consideration. Hence, it is prayed that this petition may be disposed of directing the concerned Court below to consider and decide the said application within specified time. 4. Heard learned counsel for the petitioner and perused the order-sheets of the Court below. 5. Considering facts of the case and limited prayer of counsel for the petitioner, this petition is disposed of directing the concerned Court below to consider and decide the M.J.C Case No.992/23 filed under Section 456 of Cr.PC, expeditiously preferably within ‘10 months’ from the date of receipt of copy of this order, if there is no any legal impediment. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-