1 2025:CGHC:2739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 98 of 2025 Harjinder Singh S/o Gurucharan Singh Aged About 56 Years R/o Premkunj, Civil Lines Raipur, C.G. Present R/o Tikrapara, R.D.A. Colony, Raipur, P.O.- Tikrapara, P.S. Tikrapara, District Raipur, C.G. ... Petitioner versus State of Chhattisgarh Through T.I. Police Station Mandir Hasoud, District Raipur, C.G. ... Respondent _________________________________________________________ For Petitioner : Mr. Shubhan Dewangan, Advocate For Respondent /State : Mr. Malay Jain, Panel Lawyer _________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 16 . 01 .202 5 1. Heard Mr. Shubham Dewangan, learned counsel for the petitioner as well as Mr. Malay Jain, learned counsel, appearing for the State/respondent. 2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner with the following prayers :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.16 18:02:22 +0530 2 “It is, therefore, prayed that the FIR lodged at Police Station Mandir Hasoud, District Raipur, C.G. bearing Crime No. 222/1998, the charge-sheet arising out of Crime no. 222/1998, the criminal case No. 401/2012 pending before the Judicial Magistrate First Class, Raipur (C.G.) and the warrant for arrest may kindly be set-aside/ quashed. 3. On 10.01.2025, it has been submitted by learned counsel for the petitioner that the permanent warrant of arrest has been issued by the concerned trial Court on 27.10.2015 against the petitioner and when he came to know about the said fact, he has moved bail application for recalling of the permanent warrant on 19.07.2024 along with an application under Section 436 of CrPC for grant of bail, but the said bail application could not be decided because it has been mentioned in the order-sheet of the trial Court that the original record of the case is not traceable. 4. Considering the said fact, this Court has directed the Principal District and Sessions Judge, Raipur to inform this Court as to what efforts have been made by the trial Court concerned for tracing out the original record of the case or whether the record is available or not, he shall submit the report by the next week and the case was directed to be listed today i.e. on 16.01.2025. 5. In compliance of the Court’s order dated 10.01.2025, the Principal District and Sessions Judge, Raipur has submitted a report dated 13.01.2025 which has been received through e-mail, wherein it 3 has been stated that on account of issuance of permanent arrest warrant against the petitioner on 27.10.2015, the original record of the case was deposited in the record room and thereafter, on 27.04.2024, an anticipatory bail application was moved on behalf of the petitioner through his counsel Shri Ashish Kumar Das and the same was posted for 30.04.2024 and as on 30.04.2024, the counsel for the petitioner has not pressed the said anticipatory bail application, the same was rejected. It has been informed that the original record is available with the record room of the trial Court. 6. From perusal of the records, it transpires all the offences are bailable offences and the petitioner has already moved an application under Section 436 of CrPC along with the application for cancellation of permanent arrest warrant issued against him on 19.07.2024. Further, from perusal of the order sheet of the trial Court dated 25.11.2024, it transpires that because of non- availability of the original record as the same has been summoned by the Magistrate concerned, the same is stated to be pending. 7. Considering the aforesaid facts and circumstances of the case, we do not find any good ground for quashing of the criminal proceedings, at this stage. However, the concerned Magistrate is directed to call for the original record, as has been stated by the Principal District and Sessions Judge that the original records in 4 available in the record room, and decide the bail application of the petitioner expeditiously. 8. With the aforesaid observation and direction, the instant petition stands disposed of. 9. Registrar (Judicial) of this Court is directed to send a copy of this order to the concerned trial Court for necessary information and follow up action forthwith. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra