Bazar Bhatapara, Chhattisgarh v. State of Chhattisgarh Through P. S. Bilaigarh, Civil and Revenue District Baloda
Case Details
1 2025:CGHC:1582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 163 of 2018 1. Abdul Tahreeb Khan @ Bablu Khan S/o Raheem Khan Aged About 35 Years R/o Village Pandripani, P. S. Bilaigarh, Civil and Revenue District Baloda Bazar- Bhatapara, Chhattisgarh, 2. Majeed Khan S/o Haider Khan, Aged About 51 Years, R/o Village Pandripani, P. S. Bilaigarh, Civil and Revenue District Baloda Bazar Bhatapara, Chhattisgarh, 3. Kaleem Khan S/o Haneef Khan, Aged About 38 Years, R/o Village Pandripani, P. S. Bilaigarh, Civil and Revenue District - Baloda-Bazar Bhatapara, Chhattisgarh, 4. Nazim Khan S/o Haneef Khan, Aged About 35 Years, R/o Village Pandripani, P. S. Bilaigarh, Civil and Revenue District - Baloda-Bazar Bhatapara, Chhattisgarh, ... Petitioners versus State of Chhattisgarh Through P. S. Bilaigarh, Civil and Revenue District BalodaBazar-Bhatapara, Chhattisgarh, ... Respondent PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.14 18:21:48 +0530 For Petitioners
Legal Reasoning
: Prgalbha Sharma, Advocate on behalf of Mr. For Respondent/State For Complainant : Ms. Ankita Shukla, Panel Lawyer. : Mr. C.R. Sahu, Advocate Adil Minhaj, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 2 1. Heard Mr. Prgalbha Sharma, Advocate on behalf of Mr. Adil Minhaj, Advocate, learned counsel appearing for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for respondent/State as well as Mr. C.R. Sahu, learned Counsel for the complainant. 2. The petitioner has filed the instant petition under Section 482 of CrPC for being aggrieved by the order dated 17.08.2017 passed in Sessions Trial No. 16/2015 (State of Chhattisgarh Vs. Raheem Khan @ Kushwa and others) by learned 2nd Additional Sessions Judge, Balodabazar- Bhatapara, District – Balodabazar-Bhatapara (C.G.), whereby the learned trial Court has allowed the application under section 319 of Cr.P.C. filed by one of the witnesses and has proceeded against the present applicants by impleading them as accused and directing the Police to investigate and filed charge-sheet. 3. The prosecution story, in short, is that initially on 05.02.2015 Crime No. 50/2015 was registered by P.S. Bilaigarh against 11 accused persons, namely, Ashraf, Amjad, Nasrat, Akbar, Wahab Khan, Kuswa @ Raheem, Lal Khan, Kirri @ Lateef Khan, Raja @ Kalaam Khan, Gulab Khan & Pappu @ Abdul. After investigation the charge-sheet was filed by the police on 03.05.2015 against 5 accused persons, namely, Raheem Khan, Lal Khan, Abdul Khan, Ashraf Khan and Nasrat Khan. It also showed 17 accused persons as absconding, namely, Amjad, Wahab, Akbar, Raja @ Kalaam Khan, Gulab Khan, Pappu @ Abdul, Kirri @ Hafeez, Sonu S/o Majeed, Sonu S/o Rafeeq, Katun Bi, Zaitun Bi, Baba, Muse Khan, Rafeeq, Fareed, Aasib and Gaffar. After more than 2 years and examination of about 31 witnesses, an application under Section 319 Cr.P.C. was filed by one of the witnesses i.e. P.W. 1 Aangan Bai contending that some of the witnesses have further revealed the 3 name of 4 more persons, namely, Majeed Khan, Kaleem Khan, Nazim Khan and Bablu and therefore, they are required to be impleaded as accused persons. The learned trial Court without realizing about maintainability of such application and correctness of contentions therein, allowed the said application impleading the above-mentioned 4 persons. Later, the petitioner No. 1 was arrested on 22.09.2017 and on 23.09.2017 the police formally submitted the final report against him without conducting any further investigation of any sort. The petitioner No. 1 has also been granted bail by this Court vide order dated 14.12.2017. The petitioners are aggrieved by the aforesaid order of the Learned trial Court, Hence the instant petition. 4. Learned counsel appearing for the petitioners submits that the petitioners were not named in the FIR and it is stated that the charge-sheet was filed by the police on 03.05.2015 against 5 accused persons, namely, Raheem Khan, Lal Khan, Abdul Khan, Ashraf Khan and Nasrat Khan. It also showed that 17 accused persons were absconding, namely, Amjad, Wahab, Akbar, Raja @ Kalaam Khan, Gulab Khan, Pappu @ Abdul, Kirri @ Hafeez, Sonu S/o Majeed, Sonu S/o Rafeeq, Katun Bi, Zaitun Bi, Baba, Muse Khan, Rafeeq, Fareed, Aasib and Gaffar and it is further stated that 13 accused persons were put to trial out of which 02 have been acquitted and 11 have been convicted and they have preferred the appeal before this Court which is pending. It is further submitted that 31 prosecution witnesses were examined including the eye witnesses and during the trial the wife of the deceased moved an application under Section 319 Cr.P.C. for making the present accused persons as accused persons on the basis of the evidence recorded by the trial Court, thus, the trial Court has summoned the accused by the impugned order. It is stated that there appears to be only general allegations levelled against 4 the petitioners by the prosecution witnesses whose evidence were recorded by the trial Court which cannot be said to be a legal evidence for summoning the petitioners for trial. In view of above mentioned submissions, the impugned order passed by the trial Court deserves to be set aside/quashed in the interest of justice. 5. Learned counsel appearing for the State as well as learned counsel for the complaint opposes the submissions advanced by the learned counsel for the petitioner and submits that the impugned order dated 17.08.2017 passed by learned 2nd Additional Sessions Judge, Balodabazar, District Balodabazar-Bhatapara (CG) is a judicial order, which has been passed after appreciation and examination of the evidences and statements, by which, the learned Trial Court has found involvement of the applicants in crime in question along with other accused persons, therefore, the learned Trial Court passed the order for conducting investigation and filing separate charge sheet against the accused/applicants, which is just and proper and does not warrant any kind interference of this Court. Further, it is respectfully submitted that, in the present case the accused persons (petitioners herein) are absconding, while in compliance of the order of the Trial Court the answering respondents conducted investigation in the matter, wherein, the evidences and records have been collected against the petitioners regarding their involvement in crime in question. It is further submitted that, after arresting the petitioners the charge sheet would be filed before the learned Trial Court, therefore, at this stage, the instant petition is premature and liable to be dismissed. Thus, the instant petition is devoid of merits and liable to be dismissed. It is also submitted that there is no illegality or infirmity on the part of the answering respondent (State) and all the allegations and adverse averments made in the instant petition by the petitioners are 5 false, frivolous and not tenable under the law and supports the impugned order. I have heard learned counsel for the parties and perused the materials available on record. Considering the submissions advanced by the learned counsel for the parties, and from perusal of the judgments/orders of the trial Court, also considering the nature of offence and in the manner in which it was committed the deceased was done to death, at this stage it cannot be said that petitioners did not participate in the crime in question, hence, the impugned order passed by the learned trial Court does not suffer from any infirmity, illegality or jurisdictional error which may call interference by this Court, the petition being devoid of merits is hereby dismissed. The interim relief stands vacated and the trial Court is directed to concluded the trial expeditiously. Accordingly, the instant petitioner under Section 482 Cr.P.C. is devoid of merits, liable to be and is hereby dismissed. A copy of this order be sent to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice 6. 7. 8. 9. Preeti