The High Court cannot quash charges under Section 528 of the B.N.S.S., 2023 without conducting a mini-trial, and the evidence must be evaluated at trial, not at this preliminary stage.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the order dated 11.03.2025 passed by learned Chief Judicial Magistrate, Pakur whereby and where under the learned Chief Judicial Magistrate, Pakur has taken cognizance for the offences punishable under Sections 64(2)(b), 74, 115(2), 351(2), 75(2), 79 of the B.N.S., 2023 against the petitioner in connection with Pakur (T) P.S. Case No.296 of 2024 corresponding to G.R. Case No.161 of 2025 on the basis of the charge sheet submitted by the police after investigation of the case.

3. The allegation against the petitioner is that the petitioner being a public servant committed rape upon the informant who was engaged as a contractual Junior Division Clerk in the office of District Animal Husbandry, Pakur on outsourcing basis while the petitioner was posted as District Animal Husbandry Officer in the district of Pakur. There is also allegation against the petitioner of using criminal force to the informant with intent to outrage her modesty, causing sexual harassment to her, besides uttering words and making gestures with intent to insult the modesty of the informant, who is a woman, causing simple hurt to the informant, committing criminal intimidation to the informant. On the basis of the written report of the informant, police registered Pakur (T) P.S. Case No.296 of 2024 and took up investigation of the case, after completion of the investigation, police submitted charge sheet against the petitioner after finding the allegations against the petitioner to be true for having committed the said offences as already indicated above and on the basis of the same, the learned Chief Judicial Magistrate, Pakur has taken cognizance of the offences in respect of which charge sheet was submitted against the petitioner by the police.

4. Learned counsel for the petitioner submits that the case is next fixed on 27.01.2026 for the purpose of consideration of framing of charge.

5. Learned counsel for the petitioner relies upon the order of the Hon’ble Supreme Court of India in the case of Kunal Chatterjee vs. The State of West Bengal & Others dated 29.07.2025 in Special Leave Petition (Crl.) No. 7004 of 2025 wherein the facts of that case, the victim girl when she was of 15 years of age had a consensual relationship with the appellant after the appellant had promised to marry her but after the victim became major, the appellant backed out from the promise of marriage, the Hon’ble Supreme Court of India relying upon several of its judgments wherein it was held that promise to marriage and subsequent physical relationship between two with consent would not amount to rape and particularly considering a long delay of 3 years in lodging the FIR held that the continuation of the criminal proceeding against the appellant before the Hon’ble Supreme Court of India, in that case would amount to abuse of process of law and quashed the entire criminal proceeding.

6. It is next submitted that in this case also, the first occurrence of rape has been taken place in the year 2021, while the FIR was lodged on 26.11.2024 and this is a fit case where the entire criminal proceeding be quashed because of the delay in lodging the FIR.

7. Learned counsel for the petitioner next relies upon the judgment of the Hon’ble Supreme Court of India in the case of Surendra Khawse vs. State of Madhya Pradesh & Another, 2025 SCC OnLine SC 2043 and submits that in that case, the Hon’ble Supreme Court of India