1 2026:CGHC:20093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1247 of 2026 1. Smt. Anita Pandey, W/o Shri Rameshwar Pandey, aged about 58 Years, R/o Type-3, D.S. 203, Kirandul, Police Station Kirandul, Tahsil Bade Bacheli, Distt.- South Bastar Dentewada (C.G.). 2. Rameshwar Pandey, S/o Shri Mohan Pandey, aged about 59 Years, R/o Type-3, D.S. 203, Kirandul, Police Station Kirandul, Tahsil Bade Bacheli, Distt.- South Bastar Dentewada (C.G.). 3. Sagar Palit, S/o Lt. Shri Sapan Palit, aged about 35 Years, R/o Subhas Nagar Ward No. 1, Kirandul, Tahsil Bade Bacheli, Distt.- South Bastar Dentewada (C.G.). 4. Smt. Ankita Pandey, W/o Shri Ashish Kumar Pandey, aged about 30 Years, R/o Type-3, D.S. 203, Kirandul, Police Station Kirandul, Tahsil Bade Bacheli, Distt.- South Bastar Dentewada (C.G.) ... Petitioners versus 1. State of Chhattisgarh, Through- the Secretary, Department of Law and Legislation, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Nawa, Raipur Atal Nagar, District- Raipur (C.G.). 2. Ashish Kumar Pandey, S/o Vijay Kumar Pandey, aged about 32 Years, R/o Q. No. 15/A, Street 24, Sector-7, Police Station Bhilai Nagar, Distt.- Durg (C.G.) ... Respondents For Petitioners : Mr. Vipin Tiwari, Advocate. For Respondent No.1 : Ms. Sunita Manikpuri, Government Advocate. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 30/04/2026 AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.04.30 15:58:54 +0530 2 Heard. 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, calling in question the legality and validity of the order dated 16.04.2026 passed by the learned First Additional Sessions Judge (FTC), District South Bastar Dantewada, C.G. in Sessions Trial No. 204/2025, whereby a bailable warrant has been issued against petitioner No. 4 – Smt. Ankita Pandey and non- bailable warrants have been issued against petitioner No. 1 – Smt. Anita Pandey, petitioner No. 2 – Rameshwar Pandey and petitioner No. 3 – Sagar Palit. 2. Learned counsel for the petitioners submits that the impugned order passed by the learned trial Court is illegal and arbitrary and, therefore, deserves to be set aside. He further submits that vide order dated 16.04.2026, a bailable warrant has been issued against petitioner No. 4 – Smt. Ankita Pandey for recording her evidence before the trial Court on 01.05.2026 and she is ready to appear before the trial Court on the said date. It is also submitted that by the same order dated 16.04.2026, non-bailable warrants have been issued against petitioner Nos. 1 to 3 (Smt. Anita Pandey, Rameshwar Pandey and Sagar Palit) for securing their presence for recording of evidence on 02.05.2026, and petitioner Nos. 2 and 3 are also ready to appear before the trial Court on the said date. In respect of petitioner No. 1 – Smt. Anita Pandey, it is submitted that she is suffering from fourth stage cancer, is bed-ridden, and as per medical advice, her condition is critical and she is undergoing treatment at different hospitals at Raipur, Hyderabad and other places, therefore, she is not in a position to appear before the trial Court. It is also submitted that petitioner Nos. 2 and 3 are engaged in taking care and 3 treatment of petitioner No. 1 and, on that account, an application under Section 309 Cr.P.C. (Annexure A-6) was filed seeking adjournment, but the same was not considered by the trial Court. It is thus prayed that petitioner No.1 may be permitted to file an appropriate application along with medical documents before the concerned trial Court and the trial Court be directed to consider and decide the same in accordance with law. 3. Learned State counsel submits that petitioner No. 1- Smt. Anita Pandey may file an appropriate application before the trial Court and the same can be considered in accordance with law. 4. Considering the submissions made by learned counsel for the parties and taking into account the facts and circumstances of the case, particularly the fact that the petitioners are willing to appear before the trial Court on the dates fixed, this Court deems it appropriate to dispose of the present petition by directing that the operation of the non-bailable warrants issued against petitioner Nos. 1 to 3 (Smt. Anita Pandey, Rameshwar Pandey and Sagar Palit), who are prosecution witnesses, vide order dated 16.04.2026 shall remain kept in abeyance till 02.05.2026. Petitioner No. 4- Smt. Ankita Pandey shall appear before the trial Court on 01.05.2026 and petitioner Nos. 2 and 3 shall appear on 02.05.2026 as directed by the trial Court. 5. So far as petitioner No.1 (Smt. Anita Pandey) is concerned, she is at liberty to file an appropriate application before the trial Court along with relevant medical documents. If such an application is filed, the trial Court shall consider and decide the same in accordance with law. 6. It is made clear that if petitioner Nos. 2, 3 and 4 (Rameshwar Pandey, Sagar Palit and Smt. Ankita Pandey) do not appear before the trial 4 Court on the dates fixed for recording of their evidence, the trial Court shall be free to proceed further in accordance with law. 7. With the aforesaid observations and directions, the impugned order dated 16.04.2026 stands modified to the extent indicated hereinabove, and the present petition is accordingly disposed of. Sd/- (Radhakishan Agrawal) Judge Akhilesh