2026:CGHC:203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1531 of 2025

1 - Raviram Netam S/o Hariguno Netam Aged About 73 Years R/o Village Jhargaon P.S. Devbhog Distt. - Gariyaband Chhattisgarh

2 - Taruni Sen Netam S/o Raviram Netam Aged About 30 Years R/o Village Jhargaon P.S. Devbhog Distt. - Gariyaband Chhattisgarh (Accused)

... Applicants versus Station House Officer, Police Station Devbhog, District - Gariyaband Chhattisgarh ... Respondent (Cause title taken from Case Information System)

For Applicants : None, even in the second round.

For Respondent/State : Mr. Karan Kumar Baharani, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

02/01/2026

1.

Since no one appears in the case in repeated calls for hearing of the case, this Court deems it appropriate to decide this revision by invoking the provisions of Section 444 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (Section 403 of the CRPC). Though all the VED procedural laws have as its foundation the maxim "Audi Alteram PRAKASH DEWANGAN Partem” and at all stages wherever the need be there are provisions

VED PRAKASH

DEWANGAN

Date: 2026.01.13

before passing of any order, yet, as per the specific provisions of Section 444 of BNSS (Section 403 of the CRPC), it is clear that a party may or may not be heard, as the Court may decide while exercising its power of revision. Since no one appeared on behalf of the applicants on repeated occasions, this Court proceeds to decide the criminal revision.

2.

The provisions of Section 444 of BNSS (Section 403 of CRPC) do not violate the principles of natural justice. See "Mahabir Motor Co., Bhagalpur v. State of Bihar and Others (AIR 1956 Pat. 437), "Sau. Ranjana Shivaji Rakhpasare v. Shivaji Bapu Rakhpasare and Another" (2004 Cri.L.J. 145), and "Panatar Arvindbhai Ratilal Vs State of Gujrat and others" (1991) 1 GLR 451.

3.

This is a criminal revision under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’) against the impugned order dated 08-10-2025 passed by the Additional Sessions Judge, Gariyaband, in Sessions Case No. 23 of 2025, whereby the charges against the applicants for the offence under Sections 182, 211, 195 read with Section 34 of IPC has been framed.

4.

The applicants are the accused persons in the Sessions Case No. 23 of 2025 pending before the Additional Sessions Judge, Gariyaband, which arose out of the Istagasa No. 1 of 2024, registered at Police Station Devbhog, District Gariyaband, for the offence under Sections 182, 211, 195, 34 of IPC. In the said Istagasa, it was alleged that on 02-01-2024, the accused persons were coming to his house by their Activa scooter after having pledged their ornaments for Rs. 50,000/-

at Odisha, and on the way, the petrol in their vehicle ran out, and they were forced to walk. At about 7:00 PM, near Tetalkhunti canal, some persons assaulted them and looted Rs. 50,000/-, for which they lodged a report to the police. Their complaint was inquired by the SDO Police, Mainpur, and it was found that the present accused persons have made a false complaint about the loot of Rs. 50,000/-, and then the Istagasa has been prepared against the present applicants, which has been filed before the Judicial Magistrate First Class, Devbhog, and since the offence of Section 195 of the IPC was triable by the learned Sessions Court, the same was committed to the learned Sessions Court for its trial. Learned Additional Sessions Judge, Gariyaband has framed charges against the applicants on 08-10-2025 for the offences under Sections 182, 211, 195 read with Section 34 of IPC, which is under challenge in the present criminal revision.

5.

I have perused the documents annexed with the present criminal revision with respect to framing of charges by the learned trial Court.

6.

The document (Annexure A/3), which is the inquiry report submitted by the SDO Police, Mainpur to the Senior Superintendent of Police, District Gariyaband, dated 20-02-2024, in which he reported t