2024:CGHC:28213 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2034 of 2024 Pravesh Dalai S/o Shri Praful Chand Dalai Aged About 42 Years ... Petitioners versus State Of Chhattisgarh Through Police Station In-Charge, Of Police Station Koni, District Bilaspur, Chhattisgarh ... Respondents For Petitioners : Shri Pragalbha Sharma, Advocate For : Ms. Mandawi Bharadwaj, P.L.

Respondent/State ( Hon'ble Shri Arvind Kumar Verma, Judge )

Order On Board

31/07/2024

1. With the consent of the parties matter is heard finally.

2. The present petition has been filed under Section 528 of B.N.S.S, 2023 against the order dated 28.06.2024 passed by learned Fourth Additional Sessions Judge, Bilaspur (C.G.), in Criminal Revision No. 70/2024 whereby the said Court has dismissed the revision filed against and afÏrmed the impugned order dated 21.03.2024, whereby the JMFC has dismissed the application under Section

239 of Cr.P.C. filed by the petitioner.

3. Brief facts of the case is that on 18.04.2019, a written complaint was made by one of the student against the petitioner alleging that, she is a student and two months back when she used to go for morning walk at GGU premise the petitioner used to follow her and has approached her and asked her to meet privately. On 15^th April 2019 few of her friends approached her and told that the petitioner has been pressurizing them , and asking them that they should ask the complainant to meet the petitioner else he will spoil their career. Thereafter, complainant informed this incident to her parents and complaint was made.

4. Learned counsel for the petitioner contended that while deciding &

dismissing the application under Section 239 of Cr.P.C. has failed to consider the fact that no offence under Section 354(D) of IPC is made out against the petitioner from bare perusal of the charge sheet. He further submits that to make out a case under Section 354(D) of IPC the charge-sheet should contain the ingredients to constitute an offence under said Section.

354D. Stalking.--(1) Any man who--

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:

That it is clear from the contents of the aforesaid section that “a man who follows a woman and contacts then only he commits the offence of stalking and the bare perusal of the complaint would disclose that no such act was committed by the petitioner.

5. Learned counsel for the petitioner further contended that learned trial Court has also failed to consider the fact that, even the other evidences so collected by Investigating Authority would disclose that the petitioner was presurrizing the friends of the complainant, which does not consitute an offence U/s 354(D) of IPC.

6. On the other hand, the learned counsel for the respondent has supported the impugned order and has submitted that there is sufÏcient material available on record on the basis of which prima facie case is made out and the learned Fourth Additional Sessions Judge, Bilaspur C.G. has not committed any error in afÏrming the order passed by the Judicial Magistrate First Class, Bilaspur (C.G.).

7. I have heard learned counsel for the parties at length and perused the record with utmost circumspection.

8. Looking to the facts and circumstances of the case, and from persual of the material which has been made available, this Court is of the opinion that if the entire material is taken at its face value, and the allegation made by the complainant that the petitioner was following her in the college campus and also tried to contact her, the record shows that accused has followed the victim and contacts, attempts to contact the victim to foster personal interaction repeatedly despite a clear indication of disinterest by such woman, therefore, prima facie case under Sectio