Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5830-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 396 of 2025 1 - Swapnil Gawhane S/o Shri Omprakash Gawhane, Aged About 35 Years, R/o Bhagat Singh Ward, Ramtek, Near Ram Mandir, Police Station Ramtek, District Nagpur Maharashtra 2 - Omprakash Gawhane S/o Late Shobharam Gawhane, Aged About 67 Years, R/o Bhagat Singh Ward, Ramtek, Near Ram Mandir, Police Station Ramtek, District Nagpur, Maharashtra 3 - Neeta Gawhane W/o Shri Omprakash Gawhane, Aged About 65 Years, R/o Bhagat Singh Ward, Ramtek, Near Ram Mandir, Police Station Ramtek, District Nagpur Maharashtra
... Petitioners versus 1 - State of Chhattisgarh Police Station Mahila Thana, Durg, Bhilai- Durg, C.G. 2 - Smt. Amisha Gawhane W/o Swapnil Gawhane, Aged About 35 Years, R/o House No. 4/12, Ispatnagar, Rishali, Bhilai, Thana- Newai, District Durg, C.G.
... Respondents For Petitioners : Mr. Anand Dadariya, Advocate. For State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board Per Ramesh Sinha, Chief Justice Digitally signed by MOHAMMAD AADIL KHAN
2 31-01-2025
1. The present petition has been filed with the following prayer:-
“It is, therefore, prayed that this Hon’ble Court may be pleased to exercise its inherent jurisdiction under Section 482 of Cr.P.C. and in exercise thereof, a. quash FIR No.0020/2020 dated 20.02.2020(Annexure P/1) under Sections 498-A & 34 of the Indian Penal Code registered at the P.S. Mahila Thana Durg. b. Quash the charge sheet bearing charge sheet No. 51/2020 (Annexure P/2) dt. 31.10.2020 filed by Mahila Thana Durg, District Durg under Section 498-A & 34 of I.P.C. c. Quash order dt. 22.12.2020 taking cognizance and order dt, 05.03.2021 pertaining to the framing of charge u/s 498-A & 34 of I.P.C., and order dt. 28.09.2024 in Criminal Case no. RCC 8153/2020 and all consequential Criminal proceedings pertaining to Criminal Case no. RCC 8153/2020 pending before the J.M.F.C. Durg (Annexure P/3). being violative of petitioners’ fundamental & constitutional rights granted under the Constitution of India and amounting to abuse of process of Court and law in the facts and circumstances of case. d. Alternatively, this Hon’ble Court may kindly be pleased to direct the J.M.F.C. Durg to conclude the criminal proceedings/trial pending in Criminal Case no. RCC
3 8153/2020 within a reasonable time preferably within a period of three months. e. Further, this Hon’ble court may kindly be pleased to pass any other order/orders as this Hon’ble Court deems fit and proper under the facts and circumstances of the instant case.”
2. The petitioner has come up before this court with the aforesaid prayer. It transpires from the record that 5 prosecution witnesses have already been examined before the trial Court.
3.
Learned counsel for the petitioner submits that the trial of the case is pending since 2021 and till date, only 5 witnesses have been examined and therefore, present petition may be dispose of giving direction to the trial Court to expedite the the trial and conclude the same within a reasonable period.
4. Accordingly, the present petition is disposed of with a direction to the learned trial Court to expedite the trial and conclude the same preferably within a period of six months in accordance with law if there is no legal impediment. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil