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2026:CGHC:5896-DB

Digitally signed

by SAGRIKA

SAGRIKA AGRAWAL

AGRAWAL Date:

2026.02.05

14:58:42 + 0530 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 347 of 2026

1 - Chandrika Prasad Sonwani S/o Ghasiyaram Sonwani Aged About 66

Years R/o Hirri, Thana Sarangarh, District Sarangarh-Bilaigarh

Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Thana Sarangarh, District Sarangarh-Bilaigarh

Chhattisgarh

2 - Smt. Yashoda Sahu W/o Yaadram Sahu Aged About 32 Years R/o

Hirri, Thana Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh

... Respondent(s)

For Petitioner(s) : Mr. Ankur Diwan, Advocate

For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon’ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

03 .02.2026

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1. Heard Mr. Ankur Diwan, learned counsel for the petitioner as well as

Mr. Shailendra Sharma, Panel Lawyer, appearing for the State/

respondent.

2. The petitioner has filed the present CrMP under Section 528 of

B.N.S.S. 2023, and prayed for the following reliefs:-

1. That, this Hon'ble Court may be kindly pleased to call for

the entire records for its kind perusal.

2. It is, therefore, prayed that this Hon'ble Court may kindly

be pleased to allow this petition and quash the impugned

Charge-sheet, FIR No. 350/2025 registered vide dated

18.07.2025 for offence u/s 296,351(2), 331(3), 74, 75(1)

(i).76 of the BNS 2023 registered at PS Sarangarh, District

Sarangarh-Bilaigarh, CG against the petitioner, & also

quashing & setting aside of the charges framed dated

07.01.2026 u/s 77, 74, 75(1)(i), 79, 76, 351(2), 296, 332c

BNS & the further criminal proceedings pursuant to FIR No.

350/2025 in Sessions Trial No. 52/2025 initiated against the

petitioner, in the interest of justice.

3. Any, other relief which this Hon'ble Court deems fit &

proper may also be granted, in the interest of justice.

3. The brief facts of the case are that the petitioner and respondent No.2

are neighbours and reside in the same village. An allegation has been

made that on 18.07.2025 at about 9:00 AM, the petitioner trespassed

into the house of the complainant and committed acts amounting to

sexual harassment, assault, and criminal intimidation. It is alleged that

after the complainant’s husband returned home, she narrated the

incident to him, pursuant to which a written complaint was lodged. On

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the basis of the said complaint, FIR No. 350/2025 dated 18.07.2025

was registered at Police Station Sarangarh, District Sarangarh-

Bilaigarh (C.G.) against the petitioner for offences under Sections 296,

351(2), 331(3), 74, 75(1)(i) and 76 of the Bharatiya Nyaya Sanhita,

2023 (in short “BNS,2023”). The petitioner was granted bail by the

Learned Trial Court vide order dated 20.07.2025. Thereafter, on

07.01.2026, charges were framed against the petitioner under Sections

77, 74, 75(1)(i), 79, 76, 351(2), 296 and 332(c) of the BNS, 2023.

Earlier, the petitioner had filed CRMP No. 189/2026, which was

dismissed as withdrawn vide order dated 19.01.2026, granting liberty

to challenge the charges framed. Hence, the present petition has been

filed under Section 528 of the BNSS seeking quashing of the FIR,

charge-sheet, charges framed and all consequential criminal

proceedings, as continuation thereof would amount to abuse of the

process of law and miscarriage of justice.

4. Learned counsel for the petitioner would submit that the petitioner, who

is an old aged person has been falsely implicated by the respondent

No. 2 that there was an old dispute exist between the parties with

respect to the boundary wall of their houses and on 24.07.2025, the

wife of the petitioner made a complaint to Police but no action has

been taken on her complaint and the present FIR is the counter blast of

the said complaint. Even if the entire allegations made in the FIR are

taken at their face value and accepted in their entirety, no prima facie

offence under Sections 296, 351(2), 331(3), 74, 75(1)(i) or 76 of the

Bharatiya Nyaya Sanhita, 2023 is