V PADMAVATHI Date: 2026.02.03

2026:CGHC:4281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 137 of 2026 Durga Prasad Tandon, S/o Pyare Lal Tondon, Aged About 37 Years R/o Gayatri Nagar, Rajgamarg, Chowki Rajgamarg, P.S. Balconagar, District : Korba, Chhattisgarh ... Applicant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Bhakhara, District : Dhamtari, Chhattisgarh

2 - Sangeeta Yadav W/o Late Anil Yadav Aged About 37 Years R/o House No. G-1, Housing Board Colony, Kharmora, P.S. Civil Line Rampur, Korba, District : Korba, Chhattisgarh (Complainant) ... Respondent (s)

(Cause title is taken from the CIS)

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For Applicant : Shri Anshul Tiwari, Advocate For Respondent/State : Shri Sumit Singh, Dy GA ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

23.01.2026

1. The applicant has filed the present Criminal Revision under Section 438 r/w Section 442 of the BNSS 2023 against the impugned order dated 18.11.2025, passed by the learned Additional Sessions Judge FTC Korba, district-Korba, CG in ST-76 of 2025, whereby the charge for the offence under Sections 61(2)(a), 103(1)/190, 238/190 and 191(2) of the Bharatiya Nyay Sanhita, 2023 (BNS) have been framed against the applicant.

2. Brief facts of the case are that applicant is an accused in Crime No. 202 of 2025 registered at Police Station, Rajgamar, District-Korba. The allegation in the case filed against the applicant and other co-accused persons is that on 14.03.2025 deceased-Anil Yadav had gone to village- Rajgamar to enjoy the holy festival and at that time, some hot talk took place with one Arpit Agarwal and then he along with his friends committed marpit with the deceased, to which he become unconsious. The accused persons took the deceased near the lane, and set his position in sitting condition and fled away. One Tarun Sharma has made a telephonic call to the police and then police took the deceased to the hospital, where he was declared brought dead. Merg was recorded by the police and in the postmortem report, some antemortem injuries were found on the body of the deceased. Cause of death was opined as acute Myocardial infarction in a case of pre-existing coronary artery disease and its consequences, a natural cause. Nature of injuries is antemortem, and nature of force/weapon was hard, blunt, trauma/force/surface impact. After completion of investigation, earlier, charge-sheet was filed against five accused persons, out of which three were arrested and two were absconded. Subsequent to filing of charge-sheet against five accused persons, police has carried further investigation, and after recording of statement of witnesses under Section 164 CRPC, further collected evidence of CCTV footage etc., and arrested four other accused persons, including one juvenile in conflict with law and supplementary charge- sheet has been filed before the learned Judicial Magistrate First Class, Korba, in which the present applicant is also impleaded as an accused for commission of murder of the deceased-Anil Yadav. Case was committed to the learned trial court where charge has been framed on 18.12.2025 against the present applicant also, which is under challenge in the present revision.

3. Learned counsel appearing for the applicant would submit that in the earlier charge-sheet, there was no allegation against the present applicant. Even in the statement of alleged eye witnesses, there is no mention that present applicant was also there with other accused persons, and he too assaulted the deceased by any means. Even in the memorandum statement of the other accused persons, recorded on the earlier occasion, there was no allegation against the present applicant. He would also submit that from the statement of the complainant itself and