2026:CGHC:2461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 509 of 2020 Rahul Chauhan S/o Tara Chand Chauhan Aged About 31 Years R/o N- 58 F.F. Pratap Nagar, Kisan Ganj, Near Gulabi Bagh, P.S.- Gulabi Bagh, New Delhi -7 District New Delhi (Delhi)

... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Durg District Durg Chhattisgarh.

---- Respondent RAJSHEKHAR SONI For Applicant : Mr. M.P.S. Bhatia, Advocate.

Digitally signed by For Respondent : Ms. Vaishali Mahilong, Dy. Govt. Advocate.

RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

15.01.2026

1. Heard Mr. M.P.S. Bhatia, learned counsel for the applicant. Also heard Ms. Vaishali Mahilong, learned Deputy Government Advocate appearing for the respondent/State.

2. This Criminal Revision is being aggrieved of the orders dated

23.09.2019 dismissing the application under Section 177 and 179 of CrPC filed by the applicant, and order dated 21.01.2020 dismissed the application under Section 227 of CrPC filed by the applicant for his discharge, passed by the learned Additional Sessions Judge (FTC), District – Durg (C.G.) in Sessions Trial No. 107/2019, whereby the learned trial Court framed the charges against the applicant under Section 376 and 420 of IPC. Hence, the applicant preferred this Criminal Revision.

3. The facts, in brief, is that on the basis of a written complaint dated

09.03.2019 lodged by the victim, namely Heena Ajmera the SHO P.S. Durg. Dist. Durg (C.G.) the said police has registered the Crime No. 213/2019 under Section 376 and 420 of I.P.C. As per the F.I.R., the victim was working as a Dy. Branch Manager, HDFC Bank. She alleged that, on 24.10.2018 she came into contact with the applicant through a matrimonial web-site and she was having talks, chatting and messaging on 'whats-App' and phone calls with the applicant. According to her she and the applicant shared matters related to their personal life with each other. During such calls the applicant expressed his interest to marry the victim on which she also agreed. On 12.11.2018 the victim paid Rs. 48,772/- from her credit-card for a wrist-watch purchased by the applicant through Flipcart. However, the applicant returned the said wrist-watch to the Flipcart and the abovesaid amount was credited back on next day i.e. on

13.11.2018 in her credit-card.

4. According to the victim the applicant took money from her credit card in the name of surgery of his friend's sister, vendor payments and other expenses on various dates which comes to Rs. 10,50,000/- out of which she paid Rs. 6 Lakh from her father's account through cheque to the applicant. She has further alleged that, on request of the applicant on 07.12.2018 she went to Delhi in order to meet the applicant and his parents, but he did not arrange meeting as his father became ill at that time they had stayed in Hotel Golden Tulip at Gurgaon. Thereafter, she again went to Delhi on 16.02.2019 and again stayed in Room No. 105 in Hotel Golden Tulip at Gurgaon but he went back in the night of 16.02.2019, however, he came to her room on the next day i.e. 17.02.2019 and forcefully made sexual relations against her will and committed rape upon her. Later on the applicant refused to marry her. Thereafter, the victim has lodged the FIR based upon her written complaint against the applicant at P.S. Durg (C.G.) on

09.03.2019 under Section 376 and 420 of I.P.C.

5. During investigation statement under Section 161 of CrPC was recorded on 10.03.2019 in which also she has admitted that, the alleged offence under Section 376 was committed in Room No. 105 in Hotel Golden Tulip at Gurgaon on 17.02.2019 by the applicant. After completion of investigation the respondent/Police has filed the charge sheet on 07.06.2019 before the learned C.J.M. Durg against the applicant under Section 376 and 420 of I.P.C. The case has been committed by the CJM to the learned Sessions Judge, Durg vide order dated 21.06.2019 from where it is made over to the trial