2026:CGHC:4280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 670 of 2025

1 - Santosh Mishra S/o Late Girdharilal Mishra Aged About 62 Years R/o Mahalpara Saraipali, Police Station Saraipali, District- Mahasamund Chhattisgarh.

2 - Tapaswini Mishra W/o Shri Santosh Mishra Aged About 58 Years R/o Mahalpara Saraipali, Police Station Saraipali, District- Mahasamund Chhattisgarh.

3 - Amit Mishra S/o Santosh Mishra Aged About 30 Years R/o Mahalpara Saraipali, Police Station Saraipali, District- Mahasamund Chhattisgarh.

4 - Smt. Alka Samantrai @ Ritu W/o Prashant Samantrai Aged About 29 Years R/o Mova Anant Vihar, District - Raipur Chhattisgarh ... Petitioners versus

1 - State Of Chhattisgarh Through - Station House Officer, Police Station-

Saraipali, District - Mahasamund Chhattisgarh

2 - Alka Mishra @ Gunjan Mishra W/o Amit Mishra Aged About 23 Years R/o Village - Salhetarai Police Station Basna, District Mahasamund Chhattisgarh.

... Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. Gurudev I. Sharan, Advocate For Respondent No.1/State : Ms. Isha Jajodia, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal

Order on Board

23/01/2026 VED PRAKASH DEWANGAN 1. The present criminal revision filed by the petitioners under section 438 Digitally signed read with section 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023, by VED PRAKASH DEWANGAN Date: 2026.01.28 against the impugned order dated 26.04.2025 (wrongly mentioned as 25.04.2025), passed by learned 2^nd Additional Sessions Judge, Saraipali, District Mahasamund, in Sessions Case No. 01 of 2024, whereby the charges under section 498-A, 313, 34 of IPC have been framed against the petitioners.

2. The facts of the case are that, the petitioners are accused persons in the Sessions Case No. 1 of 2024, which was arising out of the Crime No. 81 of 2023, registered at police station Saraipali, District Mahasamund for the offence under sections 498-A, 313 and 34 of IPC on the complaint made by the respondent No.2/complainant. It is alleged in the FIR that, she had married with petitioner No.3 on 20.01.2022. After sometime of marriage, the petitioners/accused persons started harassing her for demand of dowry. Sufficient dowry including a car, domestic article and ornaments were given to them at the time of marriage, despite that they demanded more dowry. On 14.02.2022, Rs. 1,50,000/- was also given to them through cheque. On 30.05.2022, they harassed her by raising quarrel. In the meantime, she conceived pregnancy, but she was forced to get it aborted and on 12.06.2022, they administered certain pills and injected medicine on the pretext of treatment by a male nurse of Saraipali and get her fetus aborted and left her at her parents house and had not taken back. The FIR has been registered. Statement of the witnesses have been recorded. The documents with respect to her treatment have also been seized by the police and after completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Saraipali. The case was committed to the learned trial Court for its trial. The learned trial Court has framed charge against the petitioners for the offence under sections 498-A, 313, 34 of IPC on 26.04.2025 (24.04.2025), which is under challenge in the present criminal revision.

3. Learned counsel for the petitioners would submit that, there is no prima facie evidence against the petitioners that, they caused miscarriage or took active participation in the alleged offence. There is no report or medical evidence that the miscarriage was caused due to administering pills given by the petitioners or they forced her to get it aborted. In the MLC report, the history made by the complainant is mentioned, but her medical examination has not been mentioned. The report with respect to miscarriage has been lodged after a long delay. He would also submit that, there is no sufficient material available on record, which prima facie shows the required ingredient