1 2025:CGHC:54349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3336 of 2025 1 - Ajay Kumar Kaware S/o Shri Yama Kaware Aged About 54 Years R/o Plot No. 14, Mahaveer Nagar, Dharmpura, Jagdalpur, District- Bastar (Jagdalpur) Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Affairs, Manatralaya, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh. 2 - Secretary The General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh. 3 - Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Chhattisgarh. 4 - Economic Offences Wing (Eow)/ Anti-Corruption Bureau (Acb) Through Director (Acb/eow), Gaurav Path, Opp. Jai Jawan Petrol Pump, Telibanda, Raipur, District- Raipur, Chhattisgarh. 5 - Superintendent Of Police (Acb)/ Eow) Raipur, District- Raipur, Chhattisgarh. 6 - Deputy Superintendent Of Police (Acb/ Eow) Jagdalpur, District- Bastar (Jagdalpur), Chhattisgarh. 7 - Shri Chandrashekhar Dhrue Then Inspector, Anti- Corruption Bureau Jagdalpur Chhattisgarh Through Director (Acb/eow), Gaurav Path, Opp. Jai Jawan Petrol Pump, 2 Telibanda, Raipur, District- Raipur, Chhattisgarh. 8 - Shri S.S Mishra Then Tehsildar, Darbha District- Bastar Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ashutosh Mishra on behalf of Mr. Ishan Verma, Advocate For Respondent(s) : Mr. Ajit Singh, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/11/2025 1. With the consent of the parties, the present petition is heard finally at motion stage. 2. The petitioner has filed the present petition under Section 528 of BNSS, 2023 being aggrieved by the prolonged pendency and non-disposal of Special Case No. 01/2018 pending against the petitioner before the learned Special Judge (Prevention of Corruption Act, 1988) Dantewada, District- Bastar (C.G.) praying for the following reliefs: “1. Issue an appropriate, order or direction directing the respondent/State to ensure the presence of the key prosecution witnesses, namely Shri Chandrashekhar Dhrue (Investigation Officer), Shri S.S. Mishra (Tehsildar, Darba) and Ms. Ashu Swami, 3 before the learned trial Court on the dates fixed, without fail, so as to prevent any further delay in the proceedings of Special Case No. 01/2018 pending before the learned Special Judge, Prevention of Corruption Act, 1988, Dantewada, District- Bastar (C.G.). 2. Direct the respondent authorities to take immediate and appropriate steps for securing the attendance of the aforesaid witnesses, including issuance of coercive measures if required, to ensure the recording of their evidence without any further adjournment. 3. Direct the State to fix accountability upon the said prosecution witnesses for their repeated non-appearance despite service of summons, and to take appropriate action in accordance with law against those responsible for causing deliberate and avoidable delay in the trial; 4. Direct the respondent authorities to file a compliance report before the learned trial Court confirming the steps taken to secure the presence of the aforesaid witnesses with a reasonable time frame as may be fixed by this Hon’ble Court; 4 5. Pass such further orders, or directions as may be deemed just, fit and proper in the facts and circumstances fo the case to uphold the petitioner’s fundamental right to a fair and speedy trial under Article 21 of the Constitution of India.” 3. Learned counsel for the petitioner contended that in 2015-16, while serving as Range Officer at Sukma, District- Bastar (C.G.) the petitioner was subjected to a search operation by the Anti- Corruption Bureau, Jagdalpur, based on secret information alleging ownership of disproportionate assets, leading to the registration of Crime/FIR No. 41/2015 dated 17.07.2015 under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. He further argued that the said case is pending before the learned Special Judge, Prevention of Corruption Act, 1988, Dantewada, District- Bastar (C.G.) with charge sheet no. 38/2016 dated 24.01.2018 and supplementary charge sheet no. 38-A/2016 dated 12.05.2020 and despite commencement of the trial on 28.03.2018, it remains inconclusively pending for more than 7 years, out of 86 witnesses, 83 have been examined, while repeated non-appearance of key prosecution witnesses has caused inordinate delay. He also argued that Mr. Chandrashekhar Dhrue, Investigation Officer, Shri S.S. Mishra (Tehsildar, Darba) and Ms. Ashu Swami, have repeatedly failed to appear before the learned trial court or sought adjournments without sufficient 5 cause, thereby obstructing the trial process and defeating the object of a fair and speedy trial. 4. Learned State Counsel contended that this petition may be disposed of with a direction to respondent no. 5 and 6 to take necessary steps for examination of Shri Chandrashekhar Dhrue (Investigation Officer), Mr. S. S. Mishra (Tehsildar) and Ms. Ashu Swamy. 5. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case, looking to the pendency of the case and considering the fact that out of 86 witnesses, 83 witnesses have already been examined and only 3 witnesses namely Shri Chandrashekhar Dhrue (Investigation Officer), Mr. S. S. Mishra (Tehsildar) and Ms. Ashu Swamy have not been examined. 7. Therefore, the respondent no. 5 and 6 are directed to take necessary steps for examination of Shri Chandrashekhar Dhrue (Investigation Officer), Mr. S. S. Mishra (Tehsildar) and Ms. Ashu Swamy on the date fixed by the Special Judge, Prevention of Corruption Act, 1988, Dantewada. 8. Accordingly, the present petition is disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima