Citation : 2025 Latest Caselaw 2802 Chatt
Judgement Date : 20 August, 2025
1/3
Digitally
signed by
SOURABH
SOURABH PATEL
PATEL Date:
2025.08.21
12:31:25 HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
CRR No. 664 of 2025
1 - Pradeep Nishad S/o Shri Rajendra Kumar Nishad, Aged
About 24 Years, R/o Quarter No. B-42, Nala Haat Lafarge
Arasmeta, P.S. Mulmula, Dist- Janjgir-Champa (C.G.).
... Applicant
versus
1 - State Of Chhattisgarh Through P.S. Akaltara, Dist-
Janjgir-Champa (C.G.).
... Respondent
Order Sheet
20.08.2025 Mr. Ravindra Sharma, Advocate for the Applicant.
Mr. K. K. Baharani, P.L. for the State.
Heard on admission.
Admit.
Also heard on IA No.01/2025, which is an application for grant of interim relief.
The applicant being aggrieved by the
impugned judgment dated 09.04.2025 passed by learned Special Additional Sessions Judge (POCSO Act), Janjgir, District-Janjgir-Champa (C.G.) in Special Criminal Case No. 116/2024, whereby charges under Section 67 of Information Technology Act has been framed against the applicant.
Learned counsel for the applicant submits that there is no material on record against the applicant. It is further submitted that no obscene video has been seized, and although the applicant's mobile phone was seized, no alleged video was found. The charge sheet has been filed without any CD or video being seized or mentioned, and therefore, no offence has been made out against the applicant under Section 67 of the IT Act. The counsel prays that the proceedings before the Special Additional Session Judge, Janjgir, District Janjgir-Champa (C.G.), may be stayed till the final disposal of the instant petition.
Learned State counsel submitted that pursuant to the order of this Court dated 29.07.2025, the FSL report along with the CD has been received, and it has been found that the alleged video is not present. Furthermore,
the data could not be recovered from the applicant's mobile phone.
Having regard to the submissions made by the counsel for the parties and the material available on record, I am inclined to stay the proceedings pending before the Special Additional Session Judge (POCSO Act), Janjgir-Champa (C.G.) in Special Criminal Case No. 116/2024.
Accordingly, purely as an interim measure, it is directed that the proceedings pending before the Special Additional Session Judge (POCSO Act), Janjgir-Champa (C.G.) in Special Criminal Case No. 116/2024 shall remain stayed till the next date of hearing.
List this matter in the week commencing 06th October, 2025.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Sourabh P.
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