Chattisgarh High Court
Sudema Mahanandi vs State Of Chhattisgarh on 7 August, 2024
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2024:CGHC:29559
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2271 of 2019
1. Sudema Mahanandi W/o Baleshwar Mahanandi Aged About 38 Years R/o Health
Centre Saramdih (Lodam), District- Jashpur Chhattisgarh, District : Jashpur,
Chhattisgarh
... Petitioner
versus
1. State Of Chhattisgarh Through - Station House Office Police Station- Kansabel
District- Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh
2. Akshay Mahanandi S/o Nageshwar Mahanandi, R/o Village- Basen, P.S.-
Kansabel, District-Jashpur Chhattisgarh (Complaiant), District : Jashpur,
Chhattisgarh
... Respondents
For Petitioner : Mr. Jitendra Kumar Sexana, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal, Judge Order On Board Per Ramesh Sinha, Chief Justice 07/08/2024 Heard Mr. Jitendra Kumar Sexana, learned counsel for the petitioner. Also heard Malay Jain, learned Panel Lawyer appearing for the State/respondent Digitally signed by RAVI No.1.
SHANKAR MANDAVI
2. The present writ petition has been filed by the petitioners with the following 2/3 prayer :
"It is, therefore, A. most respectfully prayed that this Hon'ble Court may kindly be pleased to quash FIR No.0087/2019 registered for commission of offence U/s. 294, 506B, 323/34, 452, 354 B of IPC and section 4, 5 of the Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005 in Police Station - Kansabel District - Jashpur (C.G.) against petitioner and the entire consequent criminal proceedings, in the interest of justice. B. This Hon'ble Court may kindly be pleased to direct to respondent authorities for proper investigation as per law on the complaint / Representation made by petitioner. C. To grant any other relief which may suitable in the facts and circumstances of the case may also be allowed."
3. Learned counsel for the petitioner at the very outset submits that the present petition has been filed for quashing of the FIR No.0087/2019 registered for commission of offence under Sections 294, 506 B, 323/34, 452, 354 B of IPC and section 4 & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005 in Police Station - Kansabel District - Jashpur (C.G.) against petitioner and the entire consequent criminal proceedings. Further submits that in the present case the charge sheet has been submitted and out of 18 witnesses 10 to 11 witnesses have been examined by the trial Court, hence he prays that the trial be expedite within a short period.
4. Learned State counsel has not opposed the submission made by the learned counsel for the petitioner.
5. We have heard the learned counsel for the parties and peruse the material available on record.
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6. Considering the fact that the trial is at advance stage and out of 18 witnesses 10 to 11 witnesses have been examined by the trial Court, we do not find any good ground to interfere in the matter at this stage, leaving it open to the petitioner to cooperate with the trial and we further direct the learned trial Court to conclude the trial as expeditiously, if there is no other legal impediment.
7. Accordingly, the present petition is disposed of with the aforesaid direction.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Ravi Mandavi