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2026 DAILYLAW 26126 (CHH)

UPENDRA NATH AWASTHI v. THE STATE OF CHHATTISGARH

WPC/3555/2026 · 2026-07-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010256472026 2026:CGHC:29214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3555 of 2026 1 - Upendra Nath Awasthi S/o Late Shri G.N. Awasthi Aged About 80 Years R/o Rohini Vihar, Green Park, District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Collector And District Magistrate, Rajnandgaon (C.G.) 2 - The Sub-Divisional Magistrate Rajnandgaon (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Ms. Ishita, Advocates For State :- Mr. Abhishek Gupta, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 13.07.2026 1. Following reliefs have been prayed in this petition:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “10.1.Issue appropriate order/direction/writ in the nature of mandamus to respondent no. 2 the Ld. SDM, Rajnandgaon to pass the judgement within 15 days, in the ends of justice and to prevent abuse of process of law in order to safeguard the petitioner's fundamental rights u/a 14, 19 and 21 of the Constitution of India; 10.2.Such other relief(s) in favour of petitioner as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case with costs.” 2. Learned counsel for the petitioner, on instructions, submits that the petitioner has already filed an application before the concerned Sub-Divisional Magistrate, Rajnandgaon, which has been registered and entertained on 26.02.2024. However, despite lapse of considerable time, the said application has not yet been decided, causing serious hardship to the petitioner. 3. Learned State counsel, on the basis of instructions received from the concerned authorities, submits that the aforesaid proceedings, being Criminal Case No. 202402090700085/191 arising under Section 145 of the Code of Criminal Procedure, are pending before the concerned Sub-Divisional Magistrate, Rajnandgaon. 4. I have heard learned counsel for the parties and perused the material available on record. 3 5. Considering the limited grievance raised in the present petition and the submissions advanced by learned counsel for the parties, the concerned Sub-Divisional Magistrate, Rajnandgaon, is directed to consider and decide Criminal Case No. 202402090700085/191, in accordance with law, preferably within a period of ten (10) days from the date of receipt of a certified copy of this order, if there is no legal impediment. 6. With the aforesaid direction, the present petition stands disposed of. 7. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha