Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1410 of 2025 1 - Gulaba Bai W/o Late Laxmidas Aged About 56 Years R/o Village- Tilaibhat, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 2 - Prakash Joshi S/o Late Laxmidas Aged About 32 Years R/o Village- Tilaibhat, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). ... Petitioners versus 1 - Shanti Bai Joshi D/o Ganpat Purna Aged About 31 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 2 - Ganpat Purna S/o Baliram Aged About 61 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 3 - Shravan Purna S/o Ganpat Purna Aged About 51 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 4 - Mularam S/o Ganpat Purna Aged About 46 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 5 - Rakesh S/o Ganpat Purna Aged About 20 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). 6 - Savitri Bai W/o Shravan Purna Aged About 46 Years R/o Village- Manikpur, Police Station And Tahsil- Bodla, District- Kabirdham (C.G.). Digitally signed by AMITA DUBEY Date: 2025.05.12 12:31:35 +0530
2 7 - State Of Chhattisgarh Through Station House Officer, Police Station- Bodla, District- Kabirdham (C.G.). ... Respondents For Petitioners : Mr. Ravi Kumar Banjare, Advocate For Res. No. 7/State : Ms. Laxmin Kashyap, Panel Lawyer
Hon’ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 25.04.2025
1. The petitioners have filed this present petition under Section 528 of BNSS ,2023 against the impugned order dated 20.01.2025 passed by the learned Additional Sessions Judge, Kabirdham (C.G.) in Criminal Revision No. 02/2025 whereby a criminal Revision filed by the petitioners against the order dated 01.06.2024 passed by the learned Judicial Magistrate First Class, Kawardha in unregistered Case “Gulaba Bai and Anr. Vs. Shanti Bai and Others” has been dismissed. 2. The Subject matter in brief is that the petitioner No. 2 and the respondent No. 1 were married somewhere in the year 2022-23 and out of their wedlock their daughter Ku. Ragni, born. On 15.09.2023 at Pondi Market, some quarrel took place between the petitioner No. 1 and respondent no. 6 on the issue of playing witchcraft which was reported by the present petitioners to the Police Station but the report has not been written.
The matter was reported to the Superintendent of Police Kawardha on 20.09.2023, but till date no action has been taken by the Police. Again when the respondent No. 1 conceived pregnancy which was miscarriages due to weak health condition of her and at that time, the respondent No. 1 against alleged that the petitioner No. 1 is .playing witchcraft and quarrel again took place in presence of their family members. Thereafter, the petitioners have filed an application under Section
3 156(3) of Cr.PC. before the learned Trial Court for a direction to the Police authorities to register the FIR and to investigate into the matter. 3. The said application filed by the petitioners have been dismissed by the learned trial Court vide order dated 01.06.2024 holding that as per the police report, the respondent No. 1 has already lodged a report on 29.01.2022 against the present petitioners for the offence under Section 498-A and 323/34 of IPC vide Crime No. 24/2022 registered at Police Station- Bodla on 25.01.2022 and in the present complaint, the incident of the year 2020-21 is alleged and there was no sufficient averment in the complaint filed by the petitioners and considering the overall material produced before the learned trial Court the application filed by the petitioner under Section 156(3) OF Cr.P.C. was dismissed on 01.06.2024. 4. The order dated 01.06.2024 was challenged by the petitioners before the learned Revision Court by filing the Criminal Revision No. 2 of 2024 and after hearing the parties, the learned Revisional Court has also dismissed the Criminal Revision field by the petitioner affirming the order dated 01.06.2024 passed by the learned trial Court which is under challenged by way of this instant petition. 5. I have heard learned learned counsel for the parties and perused the material annexed with the petition. 6.
From perusal fo the impugned order would show that the learned trial Court as well as the Revisional Court has adverted the entire facts and circumstances of the case produced in the case and also considering that the respondent No. 1 has already prosecuting her complaint under Sections 498-A, 323/34 of IPC which was registered on 25.01.2022. The learned Revisional Court has comes into conclusion that the petitioners in order to save themselves as a counterblast have filed an application under Section 156(3) of Cr.P.C. and there lack of sufficient ingredients of the alleged offence in their
4 complaint and therefore they affirmed the order dated 01.06.2024 passed by the learned Trial court and dismissed the Revision. 7. After having gone through the entire material produced by the petitioners in the present case, I do not find any perversity or illegality which warrant interference in the impugned orders. Accordingly, the instant CRMP is dismissed at the motion stage itself. Sd/- (Ravindra Kumar Agrawal)
Judge amita