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2026:CGHC:5874-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 333 of 2026

Yakub Memon S/o A.S. Memon Aged About 52 Years R/o Dolphin

Plaza, House No. 8, Daldal Sevani Road, Mowa, Raipur District - Raipur

Chhattisgarh

... Petitioner(s)

versus

1. State of Chhattisgarh Through Station Head Officer, Police Station

- Tikrapara District Raipur Chhattisgarh

2. Xyz W/o Xyz R/o Xyz (Details Of The Complainant Has Been

Provided In The Attested Closed Envelop) (Complainant)

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Manoj Paranjpe, Senior Advocate,

assisted by Mr. Anshul Tiwari, Advocate.

For Respondent/State : Mr. Saumya Rai, Deputy Government

Advocate.

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

Digitally 1. Heard Mr. Manoj Paranjpe, learned Senior Advocate, assisted by

signed by

BRIJMOHAN

BRIJMOHANMORLE

MORLE Date:

2026.02.03

1 +7 0: 53 33 0:02 Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr.

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Saumya Rai, learned Deputy Government Advocate, appearing for the

State/respondent No. 1.

2. The present petition has been filed by the petitioner with the

following prayers:

“I. That the Hon’ble Court may kindly be pleased to

allow the instant petition under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023, filed by

the petitioner.

II. That the Hon’ble Court may kindly be pleased to

quash the FIR bearing Crime No. 724 of 2025

registered at Police Station Tikrapara, District Raipur,

Chhattisgarh, dated 12.09.2025 filed under Section

64(2)(m), 351(3) of Bharatiya Nyaya Sanhita, 2023.

III. That the Hon’ble Court may kindly be pleased to

quash entire charge-sheet bearing challan/charge-

sheet No. 656/2025 under Section 64(2)(M), 351(3) of

Bharatiya Nyaya Sanhita, 2023 on dated 09.11.2025.

IV. That the Hon’ble Court may kindly be pleased to

quash the impugned order dated 11.11.2025 whereby

the learned Chief Judicial Magistrate, Raipur, District

Raipur, Chhattisgarh has taken cognizance of the

impugned charge-sheet and has registered the

impugned criminal proceeding as Criminal Case No.

42712 of 2025 against the petitioner.

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V. That the Hon’ble Court may kindly be pleased to

quash the Session Trial bearing Session Trial No. 428

of 2025, pending before Session Judge, Raipur,

District Raipur, Chhattisgarh which was initiated after

the matter being committal against the petitioner.

VI. And to kindly grant any other relief to the

petitioners as this Hon’ble Court may deem fit and

proper in facts and circumstances of the case, may

also granted to the petitioner.”

3. Learned Senior Advocate appearing for the petitioner submits that

as per the prosecution story and contents of the FIR, it is alleged that

online information was received at Police Station Tikrapara from Mahila

Thana, District Sarguja (C.G.), bearing FIR No. 0/2025, indicating that

an offence had been committed within the jurisdiction of Police Station

Tikrapara. It is alleged that the petitioner, who is posted as a Deputy

Superintendent of Police (DSP) in District Raipur, took undue advantage

of the complainant and, by threatening her, forcibly established physical

relations with her since February, 2025 at Kamal Vihar, Raipur.

4. Learned Senior Advocate further submits that the husband of the

complainant was working as a contractual employee in the office of

NHM and on 14.02.2025 suffered a brain haemorrhage/paralytic attack

and was admitted to MMI Hospital. During the course of treatment, the

complainant allegedly contacted the petitioner, who was the landlord of

the premises where the complainant and her husband were residing as

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tenants, regarding her husband’s well-being. It is alleged that during this

period, the petitioner misused his official position and committed forcible

sexual intercourse with the complainant and continued the same by

threatening her. It is further alleged that the complainant informed the

petitioner’s wife about the allege