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2026 DAILYLAW 16857 (CHH)

SAROJ SHRIVAS v. STATE OF CHHATTISGARH

CRMP/452/2026 · 2026-02-11

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 452 of 2026 1 - Saroj Shrivas W/o Shyam Shrivas, Aged About 30 Years, R/o Talapara, Near Marimai, Police Station- Civil Line, District Bilaspur (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line, District Bilaspur (C.G.). ... Respondent For Petitioner : Mr. Rajeev Kumar Dubey, Advocate. For Respondent : Ms. Vithika Choubey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12/02/ 2026 1. In this petition filed under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023, the petitioner seeks a direction for early disposal of Special Session Case (NDPS) No. 134/2023 pending before the learned Special Judge (NDPS), Bilaspur (C.G.). 2. Learned counsel for the Petitioner submits that the petitioner's right to a speedy trial under Article 21 has been 2 violated due to an inordinate delay of over 3 years, with charges framed on 29.01.2025, but no prosecution witnesses examined despite multiple hearings. The trial court's inaction and lack of coercive measures against absent witnesses have caused stagnation, prejudicing the petitioner. Through this petition, the petitioner seeks a direction to the trial Court to expedite and conclude the trial within 06 months. 3. I have heard learned Counsel appearing for the Petitioner and perused the documents annexed with the petition including the order sheets of the Trial Court. 4. The petitioner is on bail in this case. The trial Court is trying to examine the witnesses after framing of charges on 29.01.2025. Section 528 is engrafted to allow the High Court to intervene in cases where there is a clear abuse of process or where it is necessary to prevent injustice. It is not meant to manage the trial process and specific timelines for disposal, therefore, I am not inclined to direct the trial Court to expedite and conclude the trial in a time bound manner. 5. Accordingly, the instant petition is hereby dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.