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2025 DAILYLAW 47105 (CHH)

DURGESH SAHU v. STATE OF CHHATTISGARH

CRMP/139/2024 · 2025-11-03

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:53805-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 139 of 2024 Durgesh Sahu S/o Revaram Sahu Aged About 27 Years R/o Khamtarai, In Front Of Kali Mandir, P.S. Sarkanda, Bilaspur, Dist. Bilaspur (C.G.) ... Petitioner versus State Of Chhattisgarh Through Station House O,cer, P.S. Sarkanda, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner : Dr. Sachin Ashok Kale, Advocate For Respondent/ State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 04.11.2025 1. The present CRMP has been 5led by the petitioner with the following prayer :- “It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to call the entire records of court below & allow this petition to quashing Charge against applicant in this case.” SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.11.04 18:28:06 +0530 2 2. At the very outset, learned State counsel has pointed out that out of 17 prosecution witnesses, the evidence of 11 prosecution witnesses have been recorded and learned counsel for the petitioner would submit that evidence of 8 prosecution witnesses have been annexed in the present petition. He further submits that two prosecution witnesses who are police personnel, are not appearing before the trial Court, and their evidence is yet to be recorded. 3. Looking to the submissions made by learned counsel for the parties; considering the fact that the trial in in progress and the present one is a murder case, we are not inclined to interfere in the present matter at this stage, to which, learned counsel for the petitioner would submit that the present petition may be disposed of with a direction to expedite the trial expeditiously. 4. In view of the above, the Director General of Police, Chhattisgarh is directed to ensure the appearance of the aforesaid police personnel before the trial Court for recording of their evidence as on the date 5xed by it, failing which their salary should be stopped. 5. Accordingly, the instant CRMP stands disposed of. 6. Registrar (Judicial) and the learned State counsel are directed to send the copy of this order to the Director General of Police, Chhattisgarh for necessary information and follow up action. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar