Chattisgarh High Court
Madhu Bharte vs State Of Chhattisgarh on 24 August, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1365 of 2022
1. Madhu Bharte D/o Late Shri Jagannath Bharte Aged About 26 Years R/o
Village Nariyara (Barpara) Police Station Mulmula Tahsil Akaltara District
Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Thana Incharge , Thana Mulmula
District Janjgir Champa Chhattisgarh., District : Janjgir-Champa,
Chhattisgarh
2. Krishna Bai W/o Late Jagannath Bharte Aged About 52 Years R/o Ward
No. 09 Village Nariyara Police Station Mulmula District Janjgir Champa
Chhattisgarh.
3. Abhishek Bharte S/o Late Jagannath Bharte Aged About 18 Years R/o
Ward No. 09 Village Nariyara Police Station Mulmula District Janjgir
Champa Chhattisgarh.
4. Kuldeep Bharte S/o Late Jagannath Bharte Aged About 21 Years R/o Ward
No. 09 Village Nariyara Police Station Mulmula District Janjgir Champa
Chhattisgarh.
---- Respondents
For Petitioner/Applicant : Shri Avadhesh Mishra, Advocate. For Respondent/State : Shri Priyanshu Gupta, Panel Lawyer.
Hon'ble Shri Justice N.K. Chandravanshi Order on Board 24/08/2022
1. With the consent of learned counsel for both the parties, this case is heard finally at motion stage.
2. This petition has been preferred by the petitioner for issuance of direction to learned Judicial Magistrate First Class, Pamgarh, Dist:Janjgir Champa (C.G.) to decide the applications filed by the applicant and also for direction to respondent No.1 to take action against accused/respondent Nos. 2 to 4 in respect of complaint Annexure-A/1 of petitioner. 2
3. Learned counsel for the petitioner submits that he does not want to press for other prayer except prayers to decide the interim applications filed by the petitioner before the learned trial Court. He further submits that on being report lodged by the petitioner against the respondent Nos. 2 to 4, charge sheet under Section 294, 506, 323, 354, 34 of the Indian Penal Code has been filed by Police in the Court of JMFC Pamgarh, Dist: Janjgir Champa which has been registered as Criminal Case No. 848/2021. It is further submitted that after getting bail, respondent Nos. 2 to 4/accused persons again abused, assaulted the petitioner and molested her. It is further submitted that pursuant to aforesaid criminal act of respondent Nos. 2 to 4, petitioner has moved an application under Section 437(5) of the Cr.P.C. for cancellation of bail granted to them and other applications under Section 302 r/w Section 301(2) of the Cr.P.C., but respondents/accused persons are causing unnecessary delay by taking time again and again to file reply of aforesaid applications, therefore, learned trial Court may be directed to expedite the disposal of aforesaid applications.
4. Learned State counsel submits no objection to allow aforesaid prayer.
5. Considering the submission, perused the copy of order sheets from 04-08-2021 to 20-06-2022.
6. On perusal of aforesaid order sheets would go to show that three opportunities for filing of reply of application filed by the petitioner under Section 302 r/w Section 301(2) of the Cr.P.C. has been granted and two opportunities for filing reply of application under Section 437(5) of the Cr.P.C. filed by the petitioner has been granted to the respondent Nos. 2 to 4, after filing those applications on 10-02-2022 and 04-03-2022 respectively.
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7. Considering those opportunities given to respondents, it cannot be said that inordinate delay has been caused in disposal of aforesaid applications. Although, it is supposed from the Court to decide the applications expeditiously as early as possible.
8. Since applications filed by the petitioner under Section 437(5) of the Cr.P.C. is of more serious in nature, because it has been filed for cancellation of bail and also considering the aforesaid facts, it is directed that the learned trial Court shall expedite the hearing and disposal of aforesaid two applications i.e. application under Section 302 r/w Section 301(2) of the Cr.P.C. and application under Section 437(5) of the Cr.P.C. as early as possible preferably within one month from receiving/production of copy of this order, if the same has not been decided yet.
9. In view of above observations and directions, this petition is disposed of at motion stage. SD/-
(N.K.Chandravanshi) Judge Amardeep