2026:CGHC:9785-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2026.02.26

10:40:38 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 585 of 2026 Ashish Singh Rathore S/o Late Raju Rathore Aged About 30 Years R/o Saragaon, Tabaragudi, P.S. Saragaon, Distt.- Janjgir-Champa (C.G.)

... Petitioner versus

1 - State of Chhattisgarh Through Its Secretary, Department of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (Chhattisgarh)

2 - The Director General of Police Police Department, New Raipur, District- Raipur, Chhattisgarh.

3 - Superintendent of Police Korba, District- Korba (Chhattisgarh)

4 - Station House Officer Police Station Civil Line, Rampur, Korba, District- Korba (Chhattisgarh)

5 - Xyz Nil ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Vijay Shankar Mishra, Advocate For Respondents-State : Mr. Soumya Rai, Deputy Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

25.02.2026

1 Heard Mr. Vijay Shankar Mishra, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Deputy Government Advocate, appearing for the State/respondents No.1 to 4.

2 The petitioner has filed this petition praying for following reliefs:-

“1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the interest of justice.

2. That, Hon'ble Court may kindly be pleased to quash the FIR bearing No. 601/2025 registered on dated 29.09.2025 at police station Civil Line, Rampur, Korba, District Korba, Chhattisgarh filed under section 69 of B.N.S. 2023 in the interest of justice.

3. That, Hon'ble Court may kindly be pleased to 16.11.2025 quash entire charge sheet dated 29.12.20 Chief Judicial Magistrate, Korba Chhattisgarh under section 69 of B.N.S. 2023 in the interest of justice.

4. That, Hon'ble Court may kindly be pleased to quash cognizance taken by the learned Upper Sessions Judge (F.T.C.) Korba Chhattisgarh, in the interest of justice.

5. That, Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Sessions Trial No. 131/2025 pending before the learned Upper Sessions Judge (F.T.C.) Korba Chhattisgarh against the petitioner, in the interest of justice.

6. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice”

3 Learned counsel for the petitioner submits that the entire prosecution story, even if taken at its face value, does not constitute an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023. It is contended that the relationship between the petitioner and the complainant was admittedly consensual in nature, as both parties were major, educated and fully aware of the consequences of their actions. The complainant is serving as a TGT (Hindi) Teacher at Jawahar Navodaya Vidyalaya, Odisha, and the petitioner is employed in the office of the Assistant Director, Gram Udyog, Raipur, presently posted at Korba. Their acquaintance developed through Facebook, and the physical relationship, as alleged, continued over a substantial period from 15.09.2024 to 19.07.2025. It is argued that such prolonged association clearly indicates voluntary participation and mutual consent, and the subsequent refusal to marry does not automatically render the relationship an offence within the meaning of Section 69 of the BNS, 2023.

4 It is further submitted that there is an inordinate and unexplained delay in lodging the FIR. The alleged incidents occurred between September, 2024 and July, 2025, whereas the FIR bearing Crime No. 601/2025 was registered on 29.09.2025 at Police Station Civil Line, Rampur, Korba. The delay, coupled with the admitted fact that the complainant allegedly sent a threatening message to the petitioner on 06.09.2025, demonstrates mal