Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1412
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 78 of 2025 1 - Smt. Vimla Devi Kumhare W/o Shri Onkar Prasad Kumhare Aged About 48 Years R/o Village Tilai, District Durg Chhattisgarh At Present Resident Of Subhashnagar, Durg, Tahsil And District Durg, Chhattisgarh (Complainant)
... Petitioner(s) versus 1 - Smt. Suman Singh W/o Shri Rudra Pratap Singh Aged About 40 Years R/o Tulshipur, Bajrang Chowk, Fair Price Shop, / Society Rajnandgaon, Tahsil And District Rajnandgaon, Chhattisgarh (Detail Of The Parties Has Mentioned As Per Complaint) (Accused) 2
- Collector
Durg,
District
Durg,
Chhattisgarh 3 - State Of Chhattisgarh Through Superintendent Of Police Durg, District Durg, Chhattisgarh. 4 - Station House Officer Police Station Padnabhpur, District Durg Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Chandrasen Chouhan, Advocate For Respondent(s) : Mrs. Binu Sharma, Panel Lawyer
Hon’ble Justice Shri Arvind Kumar Verma Order on Board 09/01/2025
1. The present petition has been heard finally with the consent of the parties. 2. The present petition has been filed by the petitioner under Section 528 of
2 the BNSS, 2023 for compliance of permanent arrest warrant dated 06.09.2019 issued by the learned Judicial Magistrate First Class, Durg, District-Durg, C.G. in Criminal Complaint Case No. 4339/2017. 3. Brief facts of the case are that the petitioner was in well relationship with the accused/ respondent no. 1 and the accused borrowed an amount of Rs. 10,00,000/- from the complainant. The accused issued 3 cheques of Rs. 2,00,000/- each bearing no. 377122, 377126, 377127 respectively of Punjab National Bank Branch Rajnandgaon in favour of the complainant for payment which when presented for clearance in State Bank of India Padamnabhpur got dishonoured on 31.03.2017 due to insufficient balance. 4. Learned counsel for the petitioner submits that the permanent arrest warrant dated 06.09.2019 issued by the learned Judicial Magistrate First Class Durg, District- Durg, C.G. against the respondent no. 1 but the same has not been complied till today which is against the law. 5. Learned counsel for the State contended that direction may be given to the concerned police officer for execution of arrest warrant passed by the JMFC, Durg on 06.09.2019. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7.
Perusal of order dated 06.09.2017 passed by learned JMFC, Durg in Case No. RCC/4339/2017 shows that on 06.09.2019 the case was listed for appearance of the accused Smt. Suman Singh. The case is pending since 2017 and the accused remained absent and arrest warrant have been issued against the accused on several dates and on 06.09.2019 the
3 learned JMFC, Durg declared the accused absconding and issued permanent arrest warrant under Section 299 of the Cr.P.C., 1973 against the accused Smt. Suman Singh. 8. The above said permanent arrest warrant has not been executed by the police authorities till date. Therefore, the Superintendent of Police, Durg and the Station House Officer, Durg is directed to comply with the order dated 06.09.2019 passed by the learned JMFC, Durg. 9. With the aforesaid direction, the present Cr.M.P. stands disposed off. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima