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2025 DAILYLAW 51738 (CHH)

PRAMOD BANJARE v. STATE OF CHHATTISGARH

CRMP/3098/2025 · 2025-10-12

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:50784-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3098 of 2025 1 - Pramod Banjare S/o Shri Pratap Kumar Banjare Aged About 29 Years R/o Indrapara, Bhilai-3, District- Durg, C.G. 2 - Yashvant Banjare W/o Pratap Kumar Banjare Aged About 60 Years R/o Indrapara, Bhilai-3, District- Durg, C.G. 3 - Deepmala Banjare W/o Praveen Banjare Aged About 45 Years R/o Indrapara, Bhilai-3, District- Durg, C.G. 4 - Praveen Banjare S/o Pratap Kumar Banjare Aged About 30 Years R/o Indrapara, Bhilai-3, District- Durg, C.G. 5 - Pratap Kumar Banjare S/o Late Phoolchandra Banjare Aged About 63 Years R/o Indrapara, Bhilai-3, District- Durg, C.G. ... Petitioners versus 1 - State of Chhattisgarh Through Mahila Thana Bilaspur District Bilaspur, Chhattisgarh 2 - Smt. Nisha Banjare W/o Pramod Kumar Banjare Aged About 31 Years Village Dhurvakari Post Pachpedi, Tahsil Masturi, District Bilaspur, C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Prabhat Kumar Saxena, Advocate For Respondent-State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad , Judge Order on Board Per Ramesh Sinha , Chief Justice 13.10.2025 1. Heard Mr. Prabhat Kumar Saxena, learned counsel for the petitioners and Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.10.14 11:01:22 +0530 2 2. The present writ petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon'ble court may kindly be pleased to allow the instant petition and quash the FIR/Crime No. 65/2021 for an offence under section 498A,34 of IPC registered in Police Station Mahila Thana Bilaspur, District Bilaspur (C.G.), charge sheet and all Criminal proceeding pending before the court of learned Judicial Magistrate First Class, Bilaspur (C.G.) in Criminal Case No.6089/2021, the learned court below imposed the charge on dated 21/06/2022 after filing the charge sheet, in the interest of justice.” 3. The petitioner has assailed the impugned proceedings arising out of the charge-sheet dated 27.12.2022. It is an admitted position that the trial is at an advanced stage, as the statement of the victim and those of five prosecution witnesses have already been recorded. Only two prosecution witnesses remain to be examined, namely Smt. Manorama Tiwari (PW-7), Investigating Officer, and Smt. Anju Chelak (PW-8), Assistant Sub-Inspector. The present petition has been filed seeking quashment of the said charge-sheet as well as the entire criminal proceedings pending before the learned trial Court. Thus, at this belated 3 stage, it would not be proper for this Court to interfere in the present petition, as the trial is already in progress and at an advanced stage. 4. The Director General of Police, State of Chhattisgarh is hereby directed to ensure that the aforesaid two prosecution witnesses, namely Smt. Manorama Tiwari (PW-7), Investigating Officer, and Smt. Anju Chelak (PW-8), Assistant Sub-Inspector, shall remain present before the learned trial Court on the next date fixed for recording of their evidence. In the event of their failure to appear without justifiable cause, the Director General of Police shall take appropriate disciplinary action against the delinquent officers concerned. 5. The learned State Counsel is directed to forthwith furnish a certified copy of this order to the Director General of Police, State of Chhattisgarh, for information and necessary compliance. The trial Court is further directed to proceed expeditiously with the examination of the remaining witnesses and conclude the trial within the time frame as may be permissible in law. With the aforementioned observations/directions, instant petition is disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Anu