NAFR Digitally signed by ALOK ALOK SHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR SHARMA D 20 a 2 te 6 : .01.08

17:30:26 +0530 CRMP No. 29 of 2026

1 - Piyush Patel S/o Late Rakesh Patel Aged About 21 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

2 - Ayush Patel S/o Late Rakesh Patel Aged About 22 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

3 - Birendra Patel S/o Chitrakoot Patel Aged About 38 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

4 - Ghuran Patel S/o Hridayjood Patel Aged About 65 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

5 - Kuldeep Patel S/o Thakur Dayal Patel Aged About 32 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

6 - Mohan Patel S/o Hridayjood Patel Aged About 52 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

7 - Pramod Patel S/o Daya Prasad Patel Aged About 50 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

8 - Sadanand Patel S/o Mohan Prasad Patel Aged About 27 Years R/o Village Injani, Police Station Chalgali, District Balrampur-Ramanujganj C.G.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Police Station Chalgali, District - Balrampur-

Ramanujganj (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Anand Mohan Tiwari, Advocate.

For Respondent(s) : Mr. Anish Tiwari, Dy. Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

08/01/2026

1. The present petition is listed for orders on default pointed out by the Registry.

The default is waived.

2. Heard.

3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the accused persons/petitioners against the order dated 28.10.2025, passed by learned Sessions Judge, Balrampur- Ramanujganj in Criminal Revision No. 39/2025, whereby the criminal revision filed by the accused persons/petitioners have been rejected and the order dated 16.07.2025 passed by learned Judicial Magistrate First Class, Wadrafnagar rejecting the application of the accused persons/petitioners under Section 311 of the Cr.P.C., is affirmed.

4. The brief facts of the case are that the petitioners are the accused persons in Criminal Case No. 233/2021 pending before the learned Judicial Magistrate First Class, Wadrafnagar for the offences under Sections 294, 506, 323, 427 and 147 of IPC. In the criminal case before the learned trial Court PW-1 Baban Singh Patel, PW-2 Urmila Patel, PW-3 Kavita Patel have been examined and cross-examined on 04.05.2024. PW-4 Chitrakut Prasad Patel and PW-5 Ramendra Patel have been examined and cross-examined on 23.07.2024. On 24.03.2025 an application was filed by the accused persons/petitioners under Section 311 of Cr.P.C. for recalling of the witnesses of PW-1 Baban Singh Patel, PW-3 Kavita Patel and PW-5 Ramendra Patel on the ground that they were not effectively cross-examined by their earlier counsel and few points are being left over by them. After hearing the parties, the learned trial Court, vide its order dated 16.07.2025 rejected the application holding that the witnesses were examined and cross-examined by their counsel on 04.05.2024 and 23.07.2024 respectively and the present application has been filed on 24.03.2025 which is after lapse of long time and the sufficient opportunity to cross-examine was provided by the learned counsel appearing for the accused persons and it appears that to fulfill the lacuna the application has been filed.

5. The order dated 16.07.2025 passed by learned trial Court was challenged by the petitioners/accused persons by filing a revision before the learned Sessions Judge, Balrampur-Ramanujganj. After hearing the parties the revision filed by the accused persons/petitioners have also been dismissed vide its order dated 28.10.2025, which is under challenge in the present petition.

6. Learne