Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58186
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3635 of 2025 Sudeep Shrivastava S/o. M.K. Shrivastava Aged About 46 Years R/o Vijaya Puram Colony, Naya Sarkanda, P.S. - Sarkanda, District - Bilaspur, Chhattisgarh. ( Present Address)
... Petitioner(s) versus State Of Chhattisgarh Through S.H.O., P.S. Lakhanpur, District - Ambikapur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Sudeep Shrivastava, petitioner-in-person. For Respondent(s) : Mr. Sanjeev Pandey, Dy. A.G.
Hon’ble Shri Justice Arvind Kumar Verma Order on Board 01/12/2025
1. With the consent of the parties, the present petition is heard finally at motion stage. 2. The present petition is filed by the petitioner under Section 528 of
2 BNSS, 2023 for seeking direction to learned trial Court to decide the pending Criminal Case R.Cr.C. No. 180/2025 expeditiously within a time frame. 3. Learned Counsel for the petitioner submits that the petitioner and another accused namely Gurpreet Singh jointly filed a WPCR No. 786/2021 before this Court challenging FIR in the said petition, an interim order was passed in favour of the petitioner. This said petition was disposed off with a direction to the Investigating Officer to conclude the investigation within a period of four weeks subject to the condition that the petitioners shall cooperate in the investigation and submit a police report under Section 173(2) of Cr.P.C. before the competent Court within the aforesaid period. He further submits that despite the direction given by this Court, two years have elapsed but the police did not filed the challan. The police filed the challan on 31.01.2025 against the petitioner, the petitioner appeared and filed bail application before the trial Court and he was granted bail by the trial Court. The petitioner was later on informed that the police had only filed a preliminary challan and the complete challan has not been filed so the trial could not start. The petitioner submits that the FIR was registered against the petitioner in the year 2021 and now more than 4 years have elapsed, the case is still pending at the stage of framing of charges. Hence this petition. 4. Learned State counsel submits that the FIR was registered against the petitioner and other co-accused in the year 2021. He further submits that the present petition may be disposed of by giving direction to the trial Court to expedite the trial. 5.
Heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Perusal of record shows that the petitioner along with another co- accused Gurpreet Singh had filed a WPCR No. 786 of 2021 wherein the Hon’ble Division Bench of this Court vide its order dated disposed of the petition directing the Investigating Officer to
3 conclude the investigation within a period of four weeks subject to the condition that the petitioners shall co-operate in the investigation. Despite the order passed by the Hon’ble Division Bench of this Court, 4 years have elapsed but the police authorities have not filed the complete challan and the Criminal Case No. 180/2025 is still pending at the stage of framing of charges. 7. Considering the facts and circumstances of the case, submissions of the respective parties, the learned trial Court is directed to expedite the trial and conclude the proceedings pending in Criminal Case No. 180/2025, expeditiously as soon as possible, if there is no legal impediment. 8. In view of the above, the present petition is disposed of. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima