##PAGE1##

1

2026:CGHC:6142-DB

ROHIT

KUMAR

CHANDRA

Digitally

signed by

ROHIT KUMAR

CHANDRA NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 361 of 2026

Ritik Sahu Alias Pintu S/o Late Jagdish Sahu, aged about 28 years R/o

Village Bhadi Patelpara, Thana and Tehsil Baikunthpur, District Korea

C.G.

... Petitioner

versus

1 - State of Chhattisgarh Through The Station House Officer, Through

S.H.O., P.S.- A J A K, Baikunthpur, District Korea C.G.

2 - XYZ (Details of complainant are submitted in closed envelope)

(Complainant in the instant crime)

... Respondents

For Petitioner : Mr. Chandresh Shrivastava, Advocate

For Respondent No.1/State : Mr. Priyank Rathi, Govt. Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

04.02.2026

1 Heard Mr. Chandresh Shrivastava, learned counsel for the

petitioner as well as Mr. Priyank Rathi, learned Government

Advocate, appearing for the State/respondent No.1.

2 The present petition under Section 528 of the Bhartiya Nagarik

2

Suraksha Sanhita (for short, ‘BNSS’) has been filed by the

petitioner seeking following prayer :-

“It, is therefore, prayed that this Hon'ble Court may

kindly be pleased to allow the instant petition and

Consequently quash the F.I.R. no. 07/2025 registered

with the Police Station AJAK Baikunthpur, District-Koriya

(C.G.) by the Respondent No. 1 on 19.09.2025 for

offence punishable under section 69, 64 of Bhartiya

Nyaya Sanhita, 2023 and Section 3(2)(v) of SC & ST

(Prevention of Atrocities) Act 1989, further quash

Chargesheet bearing no. 08/2025 dated 14.11.2025

(ANNEXURE P-1) for offence punishable under section

69, 64, and 64(m) of Bhartiya Nyaya Sanhita, 2023 and

Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act

1989 and also quash the order taking cognizance dated

17.11.2025 registering criminal case bearing Special

Criminal Case No. 26/2025, as well order dated

19.12.2025 whereby charges were framed against the

petitioner for offences punishable under section 64(1)(m)

and section 69 of Bhartiya Nyaya Sanhita and section

3(2)(v) of SC & ST (Prevention of Atrocities) Act and the

entire proceedings of Special Criminal Case No. 26/2025

pending before the Learned Special Judge, Scheduled

Caste and Tribe (Prevention of Atrocities) Act,

Baikunthpur, District-Koriya (C.G.) against the petitioner

pursuant to the aforesaid chargesheet, in the interest of

justice.

And/or any other relief/ relief's which this Hon'ble Court

may think fit and proper in the facts and circumstances of

the case may please be also granted to the petitioner in

the interest of justice.”

3

3 The case of prosecution, in brief, is that the respondent No.2 on

19.09.2025 lodged a report against the petitioner for offences

punishable under Section 69, 64 of BNS, 2023 and Section 3(2)(v)

of SC & ST (Prevention of Atrocities) Act, 1989, alleging that 7

months back from the date of report the petitioner under false

pretext of marriage was having sexual relations with the

complainant for which she made complaint on 10.02.2025 and in

the said case after the examination of complainant held on

27.05.2025 the mother of petitioner and petitioner had given in

writing that petitioner will marry the complainant after which the

petitioner daily comes to her rented house and made physical

relations with her. On 12.09.2025 at 8.30 pm the petitioner again

came to her house and under the pretext of marriage stating that

after the court case would be over he will marry had forcefully

without consent of complainant made physical relations with her

which she informed to her husband and friend Monika. On

18.09.2025 in morning when her husband was present in her house

alongwith children the petitioner came at 8.30 am in the morning

and again starting coercing the complainant and hearing the

noises, the landlord and other neighbors appeared and when her

husband asked the petitioner when he is going to marry the

complainant, the petitioner had refused stating he belongs to Sahu

Caste and complainant is of