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2026 DAILYLAW 7015 (CHH)

IRFAN KHAN v. STATE OF CHHATTISGARH

CRMP/1115/2026 · 2026-04-20

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Judgment text

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1 2026:CGHC:18113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1115 of 2026 Irfan Khan S/o. Maksud Aged About 50 Years R/o. Dhouratikra Baikunthpur, Police Station And Tehsil- Baikunthpur, District- Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Officer-In-Charge Patna, Police Station Patna, District- Koriya (C.G.) .. Non-applicant(s) For Applicant : None For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. This is an office reference. 2. This Court, vide order dated 17.09.2025 passed in MCRC No. 6267 of 2025, while allowing the bail of the applicant, namely, Irfan Khan had expressed its trust that the trial Court would make an earnest endeavor to conclude the trial expeditiously in accordance with law, preferably within a period of six months from the date of receipt of a certified copy of that order, if there was no legal impediment. 3. The learned II Civil Judge, Senior Division Korea at Baikunthpur KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 (C.G.) vide his request letter dated 20.03.2026 has requested for grant of six months time for concluding the trial. 4. It transpires from perusal of the PUD that the case is presently at the stage of prosecution evidence. The challan was presented against four accused persons, namely Shamshad Ansari, Mohd. Irfan Khan, Gulshan Parween and Asfaq-ulla on 11.09.2025. Thereafter, an application for addition of charge was filed by the prosecution on 19.09.2025, which was decided on 30.10.2025. An application under Section 301(2) CrPC filed by the complainant on 19.09.2025 was also decided on the same date. It is further revealed that an application for discharge was filed by the accused on 09.01.2026, which came to be rejected on 22.01.2026, and on the same day accused Asfaq-ulla was declared absconding. Charges were framed against the remaining accused persons on 22.01.2026. During the cross-examination of the complainant, an application under Section 63 of the Bharatiya Sakshya Adhiniyam was filed on 26.02.2026, which was decided on 12.03.2026. It further appears that the complainant and one other material witnesses have already been examined and the case is now fixed for examination of remaining prosecution witnesses. There are as many as 28 prosecution witnesses yet to be examined. It is also reflected that the accused persons, their counsels and material witnesses belong to the Muslim community and during the period of Roza (fasting), the counsel expressed difficulty in conducting continuous cross- examination, resulting in adjournments. Moreover, the Presiding Officer is holding additional charge of the Juvenile Justice Board for three working days in a week, due to which only 2–3 working days remain available for regular Court work, thereby causing hindrance in day-to-day trial and 3 contributing to delay in disposal of the case. Therefore, in view of the aforesaid facts and circumstances, it is most humbly prayed that a period of six months may graciously be granted for completion of the prosecution evidence and further proceedings. 5. The request made by the learned trial Court, is allowed, however, instead of granting six months, this Court deems it appropriate to grant further 05 months time for concluding the trial from today. 6. Accordingly, this CRMP stands disposed off with the aforesaid direction. 7. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal