1 CGHC010398692025 2026:CGHC:36973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2937 of 2025 1. Smt. Priyanka Gwalani W/o Vijay Gwalani Aged About 38 Years R/o 109, Green Avenue, Daldal Seoni Road, Mowa, Raipur, 492001, Chhattisgarh. 2. Aveer Gwalani S/o Priyanka Gwalani Aged About 9 Years Through Natural Guardian Smt. Priyanka Gwalani, R/o 109, Green Avenue, Daldal Seoni Road, Mowa, Raipur, 492001, Chhattisgarh. ... Petitioner(s) versus • Vijay Gwalani S/o Inderlal Gwalani Aged About 45 Years R/o B-1003, Rna Continental, Subhash Nagar, Near Chembur Gymkhana, Chembur (East), Mumbai (Maharashtra) 400071. Also Available At - C-31/118, First Floor, Gwalani Avenue, Near Ulhasnagar Municipal Corporation, Ulhasnagar- 421003. Email- Vijay.Gwalani@Gmail.Com ... Respondent(s) For Petitioner(s) : Ms. Sharmila Singhai, Sr. Advocate with Ms. Upasana Mehta, and Mr.Shashwat Rai, Advocates. For Respondent(s) : Mr. Amrito Das, Sr. Advocate with Mr. Animesh Pathak, Advocate. (Hon'ble Mr.Justice Narendra Kumar Vyas) Order on Board 2 18/08/2026 1. The petitioners have :led the instant Criminal Miscellaneous Petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita 2023 against the impugned order dated 7-8-2025 (Annexure P/1), passed by the learned Family Court, Raipur in Miscellaneous Criminal Case No. 278 of 2020 whereby the application :led by the petitioner for seeking production of certain documents from the Company where the respondent is working, has been rejected. 2. Learned Sr. Advocate appearing on behalf of the petitioners would submit that the learned trial Court without considering the provisions of Section 91 of Code of Criminal Procedure/Section 94 of Bhartiya Nagrik Suraksha Sanhita (BNSS) has mechanically rejected the application directing the respondent to produce pay slip in view of subsequent changed circumstances as now the respondent has been subsequently promoted to the post of Senior Vice President of the Company where emoluments of the respondent have already been increased. 3. On the other hand, learned Sr. Advocate appearing on behalf of respondent would submit that the petitioners have :led SLP before the Hon'ble Supreme Court wherein they have prayed for quashing of the entire proceedings pending against them and in that case notice was issued to the respondent. He would further submit that without availing the alternative remedy, the petitioners have directly approached this Court and would pray for dismissal of the petition. 4. I have heard learned counsel for both the parties and perused the record of the Family Court with utmost circumspection. 5. Considering the rival submissions of both the parties and also considering the judgment of Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another, reported in (2021) 2 SCC 324 wherein in para 72.7 (g) Hon'ble Supreme Court has held that if during the course of proceedings, there is a change in the :nancial status of any party, or there is a change of any relevant circumstances, or if some new information comes to light, the party may submit an amended/supplementary aBdavit, which would be considered by the 3 court at the time of :nal determination. 6. 6. Since the petitioners are at liberty to take the bene:t of judgment passed by the Hon'ble Supreme Court in the case of Rajnesh (supra), the instant Criminal Miscellaneous Petition is disposed of granting liberty to the petitioners to avail alternative remedy before the trial Court as provided by the aforesaid judgment passed by the Hon'ble Supreme Court. In the eventuality of :ling the application before the learned trial Court, learned trial Court shall consider and decide the same in accordance with law laid down by the Hon'ble Supreme Court in the case of Rajnesh (supra). 7. With the aforesaid observation and direction, the instant Criminal Miscellaneous Petition is disposed of. 8. Interim order passed by this Court on 19-9-2025 stands vacated. 9. Consequently, pending interlocutory applications, if any, also stand disposed of. Sd/- (Narendra Kumar Vyas) JUDGE Raju NARENDRA HARINARAYAN VYAS Digitally signed by NARENDRA HARINARAYAN VYAS Date: 2026.08.19 17:52:42 +0530