Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30533
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2072 of 2025 1 - Raituram Korram S/o Mahnguram Korram Aged About 29 Years Resident Of Village - Pungarpal, Police Station - Mardapal, District - Kondagaon Chhattisgarh. 2 - Tijuram Kashyap S/o Mangiyaram Kashyap Aged About 21 Years R/o Village - Tumdiwal, Police Station - Mardapal, District - Kondagaon Chhattisgarh. 3 - Phulram Korram S/o Jaitram Korram Aged About 26 Years R/o Village - Pungarpal, Schoolpara, Police Station - Mardanpal, District - Kondagaon Chhattisgarh.
... Petitioners versus 1 - State Of Chhattisgarh Through The Station House Officer, Kanker, District - Uttar Bastar Kanker Chhattisgarh.
... Respondent For Petitioners : Mr. Dhirendra Prasad Mishra, Advocate. For State/Respondent : Ms. SunitA Manikpuri, Dy.G.A.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 04/07/
2025
1. The instant petition has been filed under Section 528 of BNSS,
2 2023 for seeking direction from this Court to direct the trial Court for expedite trial of Criminal Case No. 3535/2023 pending before the learned Judicial Magistrate First Class (JMFC), Uttar Baster Kanker (C.G.) arising out of the FIR No. 56/2023 registered at Police Station-Kanker, District-Uttar Bastar Kanker (C.G.) for offence punishable under Section 9, 39, 51 and 54 of the Wildlife Protection Act, 1972 against the petitioners.
2.
Facts of the complaint case are that on 01.03.2023, based on information from an informer, a police team from Kanker Police Station, along with witnesses Lokeshwar Sahu and Durgesh Thakur, apprehended two individuals, Raituram Korram and Tijuram Kashyap, near J.P. School Main Road, Village Sarangpal, for allegedly possessing and attempting to sell leopard skins. Upon search, two pieces of leopard skin were seized from the possession of accused persons. The accused claimed to have received the skins from Jaitu Baghel and Phulram Korram for sale in Kanker. As the accused lacked the necessary license documents, a seizure memo was prepared and a rural report was registered under Sections 9, 39, 51 and 54 of the Wildlife Protection Act. The accused Raituram Korram and Tijuram Kashyap were arrested on the spot and Phulram Korram was later arrested on 28.04.2023. The seized leopard skins were sent to the School of Wildlife Forensic and Health, Jabalpur for testing.
3.
Learned counsel appearing for the Petitioners submits that
3 prosecution witnesses and one absconded person namely Jaitram Baghel have not appeared on multiple scheduled dates leading to adjournments, causing delay in trial, violate the spirit of expediate trial therefore, it is prayed to allow the instant petition and direct the trial Court for an expeditious trial in Criminal Case No. 3535/2023.
4. Learned State counsel opposed the prayer made by learned counsel for the petitioner.
5. I have heard learned Counsel appearing for the parties and perused the documents annexed with the petition including the
order sheets of the Trial Court.
6. Considering the facts and circumstances of the case, particularly that the charge-sheet was filed on 14.08.2023, with an absconding panchnama annexed in respect of co-accused Jaitram Baghel, and that his non-appearance has caused the case pending for about 02 years, thereby preventing the commencement of the trial of the other accused persons, without commenting on the merits of the case, this Court directs the trial Court to expedite the proceedings as expeditiously as possible, in accordance with the law.
7. With the above observations/direction, this petition stands finally dispose off at the admission stage itself. sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.