1 CGHC010315002026 2026:CGHC:36754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2143 of 2026 Prahlad Daga S/o Sri Rajesh Daga Aged About 24 Years R/o Lakholi Road, Rajnandgaon, Tehsil And District Rajnandgaon (C.G.) ... Petitioner(s) versus Sanni Jain S/o Late Sri Ashok Jain R/o Hiramoti Line, Rajnandgaon, Proprietor, M/s Sanni Borewells, Purana Bus Stand Road, United Hospital Ke Samne, Rajnandgaon, Tehsil And District Rajnandgaon (C.G.) ... Respondent For Applicant : Mr. Aditya Bhardwaj, Advocate. For Respondent : None. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18/08 /2026 1. This petition has been filed by the applicant under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 assailing order dated 02.05.2026 passed by the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case No. 3551/2019 by which the application preferred by the applicant on 25.04.2026 seeking permission to summon the concerned Postman of the Postal Department as witness, has been rejected. 2. From perusal of the record, it is quite vivid that the learned trial Court has not considered whether the examination of the concerned Postman is necessary for just and proper adjudication of the case. The application has been rejected without properly considering the relevance and necessity of the proposed witness and the applicable provisions of law. 3. Accordingly, the instant petition is disposed of granting liberty to the applicant to raise all permissible pleas before the learned trial Court with regard to service of notice. Sd/- (Narendra Kumar Vyas) Judge Arun ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.08.18 18:10:18 +0530