1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Reserved on 30.9.2022

Order Delivered on 21.10.2022

Cr.M.P. No. 363 of 2021

Anil Maurya, S/o Firturam Maurya, presently aged about 50

years, R/o Kapil Nagar, P.S. Sarkanda, District Bilaspur

(C.G.) Mo. No. 9827972971

---- Petitioner

Versus

1. State of Chhattisgarh, Through: the District Magistrate,

Through: the Police Station Chakarbhatha, District Bilaspur

(C.G.)

2. Uttam Pandey, S/o Bhagwat Prasad Pandey, aged about

65 years, R/o Behind Sai Mandir, Shiv Vihar, Tifra, Bilaspur,

Tahsil and District Bilaspur (C.G.)

---- Respondents

For Petitioner : Mr. S.K. Kushwaha, Adv. appears on

behalf of Mr. Anil Mourya, appearing in

person

For Respondent No. 1 : Ms. Madhunisha Singh, Dy. Adv. General

For Respondent No. 2 : Mr. Uttam Pandey, appearing in person

Cr.M.P. No. 364 of 2021

Rajnish Singh Baghel, S/o Shri Samarjit Singh (in the order

impugned name is mentioned as Rajnish Singh, S/o Samarjit

Sigh, presently aged about 43 years, R/o Plot No. 22, Shanti

Nagar, Police Station – Civil Lines, District Bilaspur (C.G.)

Mob. No. 9424296550

---- Petitioner

2

Versus

1. State of Chhattisgarh, Through: the District Magistrate,

Through: the Police Station Chakarbhatha, District Bilaspur

(C.G.)

2. Uttam Pandey, S/o Bhagwat Prasad Pandey, aged about

65 years, R/o Behind Sai Mandir, Shiv Vihar, Tifra, Bilaspur,

Tahsil and District Bilaspur (C.G.)

---- Respondents

For Petitioner : Mr. Rajnish Singh Baghel, appearing in

person

For Respondent No. 1 : Ms. Madhunisha Singh, Dy. Adv. General

For Respondent No. 2 : Mr. Uttam Pandey, appearing in person

Cr.M.P. No. 366 of 2021

Ramakant Pandey, S/o Gajadhar Prasad Pandey, aged about

48 years (presently), R/o Kapil Nagar, P.S. Sarkanda, District

Bilaspur (C.G.)

Mob. No. 9806139572

---- Petitioner

Versus

1. State of Chhattisgarh, Through: the District Magistrate,

Through: the Police Station Chakarbhatha, District Bilaspur

(C.G.)

2. Uttam Pandey, S/o Bhagwat Prasad Pandey, aged about

65 years, R/o Behind Sai Mandir, Shiv Vihar, Tifra, Bilaspur,

Tahsil and District Bilaspur (C.G.)

---- Respondents

For Petitioner : Mr. Ramakant Pandey, appearing in

person

For Respondent No. 1 : Ms. Madhunisha Singh, Dy. Adv. General

For Respondent No. 2 : Mr. Uttam Pandey, appearing in person

3

Hon'ble Shri Justice N.K.Chandravanshi

Order [CAV]

1.

Since all the three petitions have arisen out of a common

order dated 11.02.2021 passed by Second Additional Sessions

Judge, Bilaspur in Criminal Revision No. 13/2020 and order dated

17.12.2019 passed by Judicial Magistrate, First Class, Bilha,

District Bilaspur (C.G.) in Criminal Case No. 166/2014, therefore,

they are being heard analogously and decided by this Common

Order.

2.

These petitions under Section 482 of the Code of Criminal

Procedure, 1973 (for brevity “Cr.P.C.”) have been preferred against

the order dated 11.02.2021 passed by Second Upper Sessions

Judge, Bilaspur in Criminal Revision No. 13/2020, affirming the

order dated 17.12.2019 passed by Judicial Magistrate First Class,

Bilha in Criminal Case No. 166/2014, whereby, application filed by

respondent No. 2/complainant for summoning the Investigating

Officer alongwith Rojnamcha-Sanha No. 729, dated 17.09.2012 for

getting it exhibited during the course of his examination was

allowed.

3.

The imperative facts required to be noticed for adjudication of

these petitions are as under:

3.1. The petitioners-in-person are facing trial in connection with

Criminal case No. 166/14 (State of Chhattisgarh v. Rajnish Singh &

others) before the court of Judicial Magistrate First Class, Bilha,

4

Dist