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2026 DAILYLAW 33464 (CHH)

HRIDYANSH SHUKLA (MINOR) v. VISHRUT SHUKLA

CRMP/2235/2026 · 2026-08-24

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 CGHC010330262026 2026:CGHC:38230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2235 of 2026 1 - Hridyansh Shukla (Minor) S/o Shri Vishrut Shukla Aged About 4 Years Through His Mother (Natural Guardian) Smt. Sonal Shukla, Presently R/o Om Society, Sundar Nagar, Raipur, District Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Vishrut Shukla S/o Shri Ramesh Shukla Aged About 39 Years R/o Anandpuri, Patna City, District Patna, Bihar ... Respondent(s) For Petitioner : Mr. Siddarth Pandey, Advocate For Respondent : None Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 25.08.2026 1. The present Cr.M.P. has been preferred against the order dated 13.07.2026 passed by the learned IV Additional Principal Judge, Family Court, Raipur, in Misc. Cr. Case No. 219/2022, whereby the learned Trial Court has closed the right of the petitioner to lead evidence in the proceeding under Section 125 of the Cr.P.C. 2. Learned counsel for the petitioner does not dispute that the learned Trial Court had granted 4-5 opportunities to the petitioner to lead evidence; however, the petitioner could not lead his evidence. He would further submit that, if one more opportunity is granted to him, the very object of KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2026.08.25 18:09:11 +0530 2 filing the present Cr.M.P. would be fulfilled and it would also be in conformity with the principles of natural justice. He would further submit that, if an opportunity is granted to the petitioner to lead evidence, the respondent would also get an opportunity to lead evidence and, thus, no prejudice would be caused to the rights of the parties. 3. Considering the submissions made by the learned counsel for the petitioner and considering the facts and circumstances of the case, it is directed that the learned Trial Court will grant only two opportunities to the petitioner to lead his evidence. It has been informed that the matter has been fixed on 29.08.2026, it is directed that on that date the learned family Court will fix the case for evidence of the petitioner which will be concluded by 10.09.2026 wherein only two indulgence will be granted to the petitioner to lead evidence. Thereafter, the respondent shall be granted three opportunities to lead evidence, and the learned Trial Court shall make all endeavour to conclude the proceedings on or before 07.10.2026. 4. Since the present order has been passed in the absence of the respondent, without issuance of notice to him, the respondent shall be at liberty to seek recall of this order, if he is not satisfied with the order. 5. With the aforesaid observations and directions, the present Cr.M.P. stands finally disposed of. Sd/- (Narendra Kumar Vyas) JUDGE Deshmukh