1 2025:CGHC:61193-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 638 of 2025 1 - Ramkumar Sahu S/o Samaylal Sahu Aged About 35 Years R/o Village-Ruha, Tehsil - Dhamdha, P.S. Dhamdha, Dist- Durg C.G. 2 - Baisakhu Sahu S/o Milau Sahu Aged About 52 Years R/o Village- Ruha, Tehsil - Dhamdha, P.S. Dhamdha, Dist- Durg C.G. ... Petitioner(s) versus 1 - Girdhari Sahu S/o Milau Sahu Aged About 51 Years R/o Village- Ruha, Tehsil - Dhamdha, P.S. Dhamdha, Dist- Durg C.G. 2 - Natwar Patel S/o Jagdish Patel Aged About 34 Years R/o Village- Ruha, Tehsil - Dhamdha, P.S. Dhamdha, Dist- Durg C.G. 3 - Manisha Sahu W/o Domar Sahu Aged About 28 Years R/o Village- Ruha, Tehsil - Dhamdha, P.S. Dhamdha, Dist- Durg C.G. 4 - Station House Officer, P.S. Dhamdha, Dist. Durg C.G. 5 - Head Constable, Rohit Yadav, P.S. Dhamdha, Dist. Durg C.G. 6 - Superintendent Of Police, Durg, Dist. Durg C.G. 7 - State Of Chhattisgarh Through Secretary, Department Of Home, Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur C.G. 8 - Santosh Yadav S/o Chintu Yadav Aged About 46 Years R/o Village- Ruha, Tehsil- Dhamdha, P.S. Dhamdha, Dist. Durg C.G. ... Respondent(s) For Petitioner(s) : Mr.Ankit Kumar Dani, Advocate For Respondents No.4 to 7/State : Mr.Shashank Thakur, Deputy Advocate General BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.12.16 18:00:29 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 16.12.2025 1. Heard Mr.Ankit Kumar Dani, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.4 to 7/State. 2. The present petition has been filed by the petitioners with the following prayers :- “10.1 Issue Direction/Writ of Mandamus to Respondent no.4, 5, 6, 7 to register F.I.R/Supplementary Report against Respondent no.1,2,3 in FIR no. 0132/24 based on first information of Petitioner no. 1,2 in the matter of Death by Murder of Fatte sahu S/O Nohar sahu. Record the name of petitioner no. 1,2 as first informant and Record the statement of petitioner no. 1,2, witnesses/Eye witness Santosh Yadav who have appeared before Respondent no. 4 in the said case. 10.2 Issue Direction/Writ of Mandamus to Respondent no. 4,5,6,7 to conduct Inquiry/Investigation against Respondent no. 1,2,3 in accordance with mandatory provisions of BNSS for Seizure/Medical Examination/Forensic Test, Investigation against Respondent no. 1,2,3 for the offence of Criminal conspiracy and Murder and to Hon'ble Court, JMFC Dhamdha, Dist- Durg to take 3 cognizance and issue of process against Respondent no. 1,2,3 under BNSS. 10.3 Call for entire record and proceedings of session trial case no. 225/2024, issue a writ, order or direction in the nature of certiorari to quash and set aside the impugned order dated 01.09.2025 passed by the court of 5th Additional Session Judge, Durg in case No. 225/2024; Issue a writ or direction in the nature of mandamus to Hon'ble Trial session court to summon respondent no. 1, 2, 3 as additional accused in Session Trial Case No. 225/2024 and undergo trial by taking into consideration/suo moto cognizance of the deposition of petitioner 1, 2 dated 16.01.2025, 17.01.2025 respectively; Issue a writ of mandamus, order or direction to learned trial court to exercise its power under section 311 Cr.P.C. to summon eye-witness, respondent no. 8 and record his evidence in session trial case no. 225/2024. 10.4 Any other relief, order or direction as this Hon'ble court may deem fit and proper under the facts and circumstances of this case.” 3. It transpires from the prayer made in paragraph 10.3 of the writ petition that the petitioner, being aggrieved by the order dated 01.09.2025 passed by 5th Additional Sessions Judge, Durg in Sessions Trial No. 225/2024, has filed the present writ petition along with other prayers, whereby their application under Section 319 of the CrPC has been rejected by the trial Court. However, in 4 our considered opinion, the petitioners have an efficacious remedy available before learned Single Judge by way of filing a revision or a CRMP, as the case may be. 4. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty. 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu