Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51834-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 549 of 2025 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 versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Affairs, Mantralaya, 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 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.10.17 15:44:29 +0530
2 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, 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) (Cause title taken from CIS) For Petitioner : Mr. Ishan Verma, Advocate For Respondents/ State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
17.10.2025
1. The present CRMP has been filed with the petitioner with the following prayer :-
“10.1. Issue an appropriate writ, 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 Miss Ashu Swami, 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.);
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10.2. 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;
10.3.
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;
10.4. 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 within a reasonable time frame as may be fixed by this Hon'ble Court;
10.5. Pass such further writ(s), order(s), or direction(s) as may be deemed just, fit, and proper in the facts and circumstances of the case to uphold the petitioner's fundamental right to a fair and speedy trial under Article 21 of the Constitution of India.”
2. At the very outset, this Court observes that the relief sought in the present petition pertains to a prayer for expeditious completion of the trial, therefore, the present petition ought to have been filed before the appropriate forum. 3. In view of the above, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition, with liberty to file a fresh petition before the appropriate forum, as may be permissible under law. 4
4. Accordingly, the instant CRMP is dismissed as withdrawn, with the liberty, as prayed for. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar/ Jyoti