MANPREET KAUR 2025:CGHC:56066-DB Digitally signed by MANPREET NAFR KAUR Date: 2025.11.20 11:29:51 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2599 of 2025 Shriram Shriwas S/o Late Kirtan Lal Shriwas Aged About 54 Years R/o E. W. S. 200, Maharana Pratap Nagar, P.S. Civil Lines Rampur, Korba, District : Korba, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Police Station Civil Lines, Korba, District :

Korba, Chhattisgarh

2 - X (The Details Of Complainant Have Been Provided Separately In Envelope As The Case Pertains To Sexual Offences) (Complainant)

... Respondent(s)

(Cause Title taken from Case Information System)

For Petitioner : Mr. Sanjay Patel, Advocate.

For Respondent No. 1 : Mr. Soumya Rai, Panel Lawyer For Respondent No. 2 : None Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

18/11/2025

1 Heard Mr. Sanjay Patel, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer for the State/respondent No. 1.

None appears on behalf of respondent No. 2, despite service of notice.

2 By this petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS) the petitioner seeks for the following relief(s):

“(i) Quash the Final Report No 283/25 dated 09.07.2025 (ANNEXURE-P/1] filed under Section 69, 351(3) of BNS 2023 by the police of Police Station Civil Lines Korba (CG) arising out of FIR bearing Crime No. 300/2025 dated 19.05.2025 registered under Section 69, 351(3) of BNS 2023, in the interest of justice.

(ii) Quash the order taking cognizance dated 16.07.2025 (ANNNEXURE-P/2) passed by the Judicial Magistrate First Class, Korba in Criminal Case No. 5420/2025, in the interest of justice.

(iii) Quash the order dated 23 07.2025 (ANNEXURE-P/3), whereby the learned Judicial Magistrate First Class Korba passed order of committal of case to Sessions Court, in the interest of justice.

(iv) Quash the order dated 287.2025 (ANNEXURE-P/4). whereby the learned Sessions Court Korba registered the case as Sessions Case No. 81/2025 and transferred the same to court of Learned Additional Sessions Judge (FTC) Korba (CG) and also all the further proceedings arising there from, in the interest of justice.

(v) That, any other relief/order which this Hon'ble Court may deem fit and just, in the facts and circumstances of the case be granted in the interest of justice.

(vii). That, the Petitioner is the resident of the address as mentioned above in the cause title That, petitioner is a practicing advocate and has been practicing law for past 27 years at District Court Korba”

3 The facts, in brief, as projected by the petitioner, are that the complainant i.e. the Respondent No 2 lodged written complaint dated 19.05.2025 with the police stating therein that, she was a married women and her husband had thrown her out of his home and for claiming maintenance, she engaged petitioner as her lawyer. She further stated that because of pending case and of being of same caste, the complainant used to meet petitioner and petitioner showed his intention to marry her. In the year 2020, the petitioner called complainant for lunch at his home and his family was also there. The petitioner after lunch took complainant to first floor of his house, and on pretext of marriage made physical relations with her. Thereafter he continued to make physical relations with complainant and subsequently on refusal to marry, the report has been lodged.

4 Mr. Sanjay Patel, learned counsel for the petitioner submits that on the basis of the said complaint, the police registered FIR bearing Crime No. 300/2025 dated 19.05.2025 registered under Section 69, 351(3) of BNS 2023 at Police Station Civil Lines Korba against the petitioner and arrested the petitioner on same day i.e. 19.05.2025. The petitioner thereafter preferred application for grant of bail for his release before the First Additional Sessions Judge Korba vide Bail Application No.