Order on Board

29.04.2025

1. The petitioner has filed the instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS, 2023”) against the order dated 17-01-2025 passed by the learned Judicial Magistrate First Class, Rajnandgaon (C.G.), in Criminal Case No. 7137/2024, whereby the learned trial court has rejected the application filed by the petitioner under Section 320 and 320(2) of the Code of Criminal Procedure, 1973 (in short “ Cr.P.C .”)/ Section 359 of the BNSS, 2023.

2. Brief facts of the case are that the petitioner is an accused in Crime No. 365/2024 registered at Police Station Basantpur, Rajnandgaon, for the offence under Section 318(4), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short “BNS, 2023”) and Section 66 of the Information Technology Act, 2000 (in short “IT Act, 2000”). Charge-sheet has been filed before the learned trial court and the petitioner/accused is facing trial of the case in Criminal Case No. 7137/2024 before the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) for the charges under Sections 318(4), 336, 338 and 340(2) of BNS, 2023 and Section 66-D of the IT Act, 2000.

3. As per allegation of the FIR, as we