2025:CGHC:17757 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 493 of 2025

1 - Chandrapal Sinha S/o Rohit Kumar Sinha Aged About 36 Years R/o Village- Sarkada, P.S.- Pithoura, District- Mahasamund (C.G.)

2 - Dhanat @ Dhanak Sinha S/o Rohit Sinha Aged About 33 Years R/o Village- Sarkada, P.S.- Pithoura, District- Mahasamund (C.G.)

3 - Vinod Sinha S/o Late Parasram Sinha Aged About 50 Years R/o Village-

Sarkada, P.S.- Pithoura, District- Mahasamund (C.G.)

... Petitioners versus State Of Chhattisgarh Through- S.H.O., P.S.- Pithoura, District-

Mahasamund (C.G.)

... Respondent (Cause title taken from Case Information System)

For Petitioners : Mr. Rajesh Kumar Kesharwani, Advocate For Respondent/State : Smt. Sunita Manikpuri, Deputy G.A.

Hon'ble Shri Justice Ravindra Kumar Agrawal VEDPRAKASH DEWANGAN Order on Board Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.04.23

17/04/2025

1.

The petitioners have filed the present petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS 2023’) read with Section 442 of the BNSS, 2023 against the impugned order dated 18.03.2025 passed by learned 2^nd Additional Sessions Judge, Mahasamund, in Sessions Case No. 17 of 2025, whereby the charge for the offence under Section 109, 296, 115(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short “the BNS 2023”) have been framed against the petitioners.

2.

The brief facts of the case are that the petitioners are the accused persons in the Sessions Case No. 17 of 2025 pending before the learned 2^nd Additional Sessions Judge, Mahasamund for the offence under Sections 109, 296, 115(2), 351(3) read with Section 3(5) of the BNS, 2023, which has been arising out of the Crime No. 186 of 2024 registered at Police Station Pithoura, District Mahasamund on the complaint made by the complainant Deepak Dadsena.

3.

The allegation against the present petitioners/accused persons are that on 09.09.2024, at about 10:00-11:00 AM, when the injured Deepak Dadsena was talking with his wife near Hanuman Mandir, at that time the petitioners came there and assaulted the injured Deepak Dadsena by iron rod and Danda, by which he received multiple injuries on his head, eye, chest, and back including fracture of right 7^th and 8^th ribs. He was immediately taken to hospital, and ultimately the FIR has been registered against the petitioners/accused persons for the offence under Sections 296, 115(2), 351(2) and 3(5) of the BNS, 2023. During the investigation, the injured was medically examined by the doctor at CHC, Pithoura, on 09-09-2024, who found the following injuries on his body:-

“-Bleeding around left eye. -Abrasion right elbow 2 cm.

-Abrasion right forearm (multiple dim.)

-Abrasion right knee 1 x 1 cm.

-LW 4 x 0.5 right side of scalp parietal region.

-Multiple abrasion back side.

-Multiple pattern abrasion 10 x 03 size.

The doctor has found fracture of two ribs and opined that the fracture of the ribs is grievous injury.”

The injured was referred for examination report of the injuries from the expert doctor from Govt. Medical College Hospital, Mahasamund, where the injured was medically examined by a team of doctors and found the following injuries:-

“-Pain in right side of chest.

-Pain on lower back and Lt. leg posterior aspect.

-Pain on head.

-Pain on BIL shoulder. , -Old contusion marks on Rt. side of chest with deep pressure tender on chest area.

-Contusion over Lt. Lower abdomen 15 x 6 cms.

-Contusion over lateral aspect of Lt. Thigh. 14 x 14 cms.

-Healed would with laceration over Rt. parietal aspect of head with size 4 cms.

-Multiple contusion on back of Lt. Side chest and Lt.

upper arm back side.”

On CT scan of head and chest of the injured, the following injuries were found by the doctors:-

“CT – Head – WNL Normal.

-CT – Chest- S/O – Rt. 3^rd Rib and 4^th Rib and 6, 7 8^th Rib and Mild Hemothorax and No SIO presumption.

- Tenderness present on Rt. side of chest due to fracture of ribs.”

As case was finally reserved by surgery department as no a