Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 5987 (CHH)

CHANDRIKA AGHARIYA v. STATE OF CHHATTISGARH

CRMP/313/2025 · 2025-01-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:5118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 313 of 2025 Chandrika Aghariya S/o Ahibaran Aghariya Aged About 59 Years R/o Village Chhuchhubhata Tahsil And P.S. Dabhra Civl And Rev. District Janjgir - Champa (C.G.) ... Petitioner versus State Of Chhattisgarh Through JMFC, Dabhra District - Janjgir- Champa (C.G.) ---- Respondent For Petitioners : Mr. Balraj Gupta, Advocate. For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2025 1. This petition under Section 528 of the BNSS has been filed for extension of time to deposit the fine amount of Rs. 3000/- as per order dated 25.11.2024 passed by this Court in CR.R. No. 835/2015. 2. This Court, vide order dated 25.11.2024, while partly allowing the revision petition and sentencing the petitioner to the period already undergone, had enhanced the fine amount of Rs. 300/- to Rs. 3000/- and had granted one month’s time from the date of passing of the order for depositing the enhanced fine amount. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Learned counsel for the petitioner submits that due to error and unforeseen circumstances the petitioner hadn't received the information in the given period that he was directed by this Court for the payment of enhanced fine amount. The order could not have been communicated through the counsel to the petitioner herein as it later came to the knowledge of the counsel that the petitioner had lost his phone some three months back and he had changed his contact. He further submits that it was only after the Police persons came to the village and had informed the relatives of the petitioner and thus he had approached the Court below to deposit the fine, which had been refused by the trial court concerned and had been advised to move this application/petition so as to enable the petitioner to pay the enhanced fine. The petitioner is an old man with health issues, aged about 59 years, hence the delay in complying the order is bona fide due to unforeseen circumstances, therefore may be excused and further time may be given to comply with the order of this Court. Hence, he prays that the time period for depositing the fine amount may be extended. 4. Learned counsel for the other side has no objection. 5. The prayer made by the petitioners appears to be reasonable. Hence, the petitioner is granted further two weeks and no more time from today to deposit the enhanced fine amount as was ordered by this Court on 25.11.2024 in Cr.R. No. 835 of 2015. 6. Accordingly, this Cr.M.P. stands disposed of. 7. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal