1 2026:CGHC:2726-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 23 of 2026 Nasim @ Nasimudin S/o Karimuddin Aged About 50 Years R/o Huseniya Mohalla, Maudaha, P.S. Maudaha, Distt. Hamirpur, U.P. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Chief Secretary, Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, Distt. Raipur, Chhattisgarh. 2 - The Secretary Department Of Home And Police Affairs, Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, Distt. Raipur, Chhattisgarh. 3 - Director General Of Police Police Head Quarter, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, Distt. Raipur, Chhattisgarh. 4 - Director General Prisons The Jail And Correctional Service Chhattisgarh, Jail Road, Raipur, Distt. Raipur, Chhattisgarh. 5 - Jail Superintendent, Central Jail Raipur, Distt. Raipur, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Badruddin Khan, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. ACQA No. 127 of 2012 State Of Chhattisgarh Through City Superintendent Of Police, Kotwali, Raipur, C.G., Chhattisgarh ---Petitioner(s) 2 Versus 1 - Madari @ Abrar Ahmed S/o Isthar Ahmed Aged About 48 Years Presently R/o village Kmharia, Thana Maudhaha, District Hamirpur (Uttar Pradesh) Presently residing at Subhash Nagar, Maudhahapara, Raipur, District Raipur, Chhattisgarh. 2 - Bachhu @ Israil S/o Isthar Ahmed Aged About 40 Years R/o village Kmharia, Thana Maudhaha, District Hamirpur (Uttar Pradesh) Presently residing at Subhash Nagar, Raipur, District Raipur, Chhattisgarh. 3 - Bafati @ Anwar S/o Isthar Ahmed Aged About 38 Years R/o village Kmharia, Thana Maudhaha, District Hamirpur (Uttar Pradesh) Presently residing at Subhash Nagar, Raipur, District Raipur, Chhattisgarh. 4 - Nura @ Nuruddin S/o Isthar Ahmed Aged About 38 Years, R/o village Kmharia, Thana Maudhaha, DistrictHamirpur (Uttar Pradesh) Presently residing at Subhash Nagar, Raipur, District Raipur, Chhattisgarh. 5 - Mohd.Aslam @ Chacha S/o Miyaan Sahab Aged About 48 Years R/o Maudhapara, Near Masjid, Thana Maudhapara, District Raipur, Chhattisgarh. --- Respondent(s) For Appellant/State : Mr. Priyank Rathi, Government Advocate. For Respondent(s) : Mr. Badruddin Khan, Advocate {Amicus Curiae} Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 16/01/2026 1. Heard Mr. Badruddin Khan, learned counsel for the petitioner as well as Mr. Priyank Rathi, learned Government Advocate for the State/respondent in WP(Cr) No. 23/2026 and Mr. Priyank Rathi, learned Government Advocate for the State/appellant and Mr. Badruddin Khan, learned Amicus Curiae in ACQA No. 127/2012. 3 2. In WPCr. No 23/2026, the petitioner has prayed for the following relief(s): “10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioners, if it is available. 10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to conclude remission proceeding as per law. 10.3 That, the Hon’ble Court may kindly be pleased to direct respondent authorities for releasing the petitioner under Section 473 of the BNSS as well as per other existing law. 10.4 That, the Hon’ble Court may kindly be pleased to pass any order in nature of the case.” 3. ACQA No. 127/2012 has been filed by the State challenging the acquittal of the respondents No. 1 to 4, namely Madari @ Abrar Ahmed, Bachhu @ Israil, Bafati @ Anwar and Nura @ Nuruddin from the offences under Section 25(1-B)II and 27(1) of the Arms Act, 1959 and the respondent No. 5, namely Mohd. Aslam @ Chacha from the offences punishable under Section 120(B)/302, 212 and 216 of the Indian Penal Code, 1860 by the learned 12th Additional Sessions Judge, Fast Track Court, Raipur, Sessions Division Raipur, in Sessions Trial No. 44/2006, vide judgment dated 08.03.2007. 4. The respondents/accused in acquittal appeal have not been served till date despite issuance of notice pursuant to the order dated 01.08.2012. Since none has appeared on behalf of the respondents/accused, this Court requested Mr. Khan to appear as Amicus Curiae and as such, Mr. Khan appears in the acquittal appeal also on behalf of the respondents. 5. The respondents/convicts in ACQA No. 127/2012 had filed appeals before a co-ordinate Division Bench of this Court challenging their conviction and sentence awarded by the learned trial Court, being Cr.A. No. 275/2007, and one of the complainant Lakhwant Singh had filed a revision being Cr.R.No. 462/2007 challenging the acquittal of respondent 4 No. 5-Md. Aslam @ Chacha. Both the said cases viz. Cr.A. No. 275/2007 and Cr.R. No. 462/2007 were heard alongwith other connected cases by a co-ordinate Division Bench and the said Bench had been pleased to dismiss the same vide judgment dated 26.07.2018 afÏrming the order passed by the learned trial Court. 6. Mr. Badruddin Khan, learned counsel appearing for the petitioner-Nasim @ Nasimuddin had also filed an appeal challenging his conviction which was also dismissed by a Co-ordinate Bench of this Court, in Cr.A. No. 477/2013 afÏrming the order passed by the learned trial Court. 7. Mr. Khan further submits that against the judgment passed by a co- ordinate Division Bench of this Court, the respondent-Madari had filed No. SLP(Crl.) No. 32633/2018 and the respondents Bachoo, Bafati and Noora @ Nuruddin had filed SLP(Crl) No. 10643/2018, which also stood dismissed on 02.01.2019 by the Hon’ble Apex Court afÏrming the order passed by a co-ordinate Bench of this Court and as such, the order passed by the learned trial Court has attained finality. 8. Mr. Priyank Rathi, learned State counsel does not controvert the above submission and submits that the order passed by a co-ordinate Bench afÏrming the conviction of the accused persons, has been afÏrmed by the Apex Court. 9. In view of the above submission, nothing survives for adjudication in the acquittal appeal filed by the State, being ACQA No. 127/2012 and the same stands dismissed. 10. So far as the petition filed by petitioner-Nasim @ Nasimuddin being WPCr. No. 23/2026 is concerned, according to Mr. Khan, the petitioner has served jail sentence for more than 15 years and if the remission period is calculated, it would be almost 19 years and as such, because of unavailability of the original record of the trial Court, no opinion could 5 be obtained from the Court concerned and as such, his case for grant of remission is pending consideration for a very long period and this Court may kindly be pleased to send back the original records of Sessions Trial No. 44/2026 to the trial Court concerned. He further submits that five of the accused persons had preferred application for grant of remission which has been allowed and they have been released in the year 2021. 11. Mr. Rathi, learned Government Advocate appearing for the State {in WPCr. No. 23/2026} submits that as soon as the trial Court records are received, the case of the petitioner-Nasim @ Nasimuddin would be considered for remission in accordance with law, as expeditiously as possible. 12. In view of the above, the Registry is directed to send back the original records of Sessions Trial No. 44/2006 to the trial Court concerned forthwith alongwith a copy of this order, so that necessary opinion with respect to the prayer for remission may be considered by the trial Court and thereafter, the case of the petitioner for grant of remission may be decided in accordance with law, as expeditiously as possible. 13. With the aforesaid observation and direction, WPCr. No. 23/2026, stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.01.19 11:33:08 +0530