1 2025:CGHC:58511-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 613 of 2025 B.A. Khan S/o Late R.A. Khan Aged About 72 Years R/o Vikas Nagar, Kondagaon, P.S. Kondagaon, Distt. Kondagaon (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The District Magistrate Kondagaon, Distt. Kondagaon (C.G.) 2 - The Superintendent Of Police Kondagaon, Distt. Kondagaon (C.G.) 3 - The Station House Officer, Police Station- Kondagaon, Distt. Kondagaon (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Ms. M. Asha, Advocate For Respondents/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.03 17:36:46 +0530 2 Per Ramesh Sinha , Chief Justice 03.12.2025 1. Heard Ms. M. Asha, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, learned Deputy Government Advocate, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “i. That, this Hon'ble Court may kindly be pleased to direct the respondent learned Chief Judicial Magistrate, Kondagaon to decide the application under section 156(3) of the Cr.P.C. filed by the petitioners, which is pending in criminal case no. 701/2023, within stipulated period of time. ii. That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.” 3. Learned counsel for the petitioner submits that the petitioner had made several complaints for registration of an FIR against Dr. K.K. Singh and Maa Danteshwari Hospital, Kondagaon, but no action was taken by the authorities. Therefore, the petitioner approached this Hon’ble Court by filing a petition bearing WPCR No. 368/2020, which was dismissed vide order dated 19.06.2023 with liberty to avail the appropriate remedy before the appropriate forum. In compliance, the petitioner filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Kondagaon, which was 3 registered as Criminal Case No. 701/2023; however, the said application has not been decided and has remained pending since 24.11.2023. She further submits that on the said application, a police report was called for vide order dated 14.08.2024, and from the order sheet it is clear that the earlier police report was found unsatisfactory, resulting in a direction to submit a fresh police report. Despite this, no police report has been submitted till date. It is, therefore, argued that such delay, despite the requirement of prompt action under Section 156(3) Cr.P.C., is arbitrary and amounts to abuse of process of law, and therefore, appropriate directions may be issued. 4. On the other hand, learned State counsel submits that he has obtained instructions from the Superintendent of Police concerned, and he assures that the police report will be submitted before the Court concerned before the next date of hearing i.e. 11.12.2025. He further submits that necessary steps have already been initiated for compliance and the investigating officer has been directed to furnish the report without any further delay. 5. We have heard learned counsel for the parties and perused the pleadings and the material available on record. 6. Upon consideration of the submissions advanced by learned counsel for the parties and after perusal of the material placed on record, it is evident that the application filed by the petitioner under Section 156(3) Cr.P.C., registered as Criminal Case No. 701/2023, 4 has remained pending before the learned Chief Judicial Magistrate, Kondagaon since 24.11.2023. The order sheet further reflects that although a police report was called for on 14.08.2024, the earlier report was found unsatisfactory and a fresh report was directed to be submitted, which has not been furnished till date. 7. In view of the above and assurance given by the learned State counsel that the police report shall be submitted before the next date of hearing, we find it appropriate to direct the learned Chief Judicial Magistrate, Kondagaon to consider and decide the pending application filed by the petitioner under Section 156(3) Cr.P.C. expeditiously after receipt of the police report, in accordance with law. 8. Accordingly, the present petition is disposed of with the above direction. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar