2026:CGHC:13999-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2782 of 2025 Sanjay Shrivastava S/o Ramesh Kumar Shrivastava Aged About 48 Years R/o

27 Kholi, Vikas Nagar, Police Station Civil Lines Bilaspur, District Bilaspur, C.G.

... Petitioner versus

1 - State Of Chhattisgarh Through The Police Station Civil Lines, Bilaspur, C.G.

2 - Rekha Shrivastava W/o Sanjay Shrivastav Aged About 48 Years R/o Pallaw Bhavan Ayodhya Nagar, Present R/o Hemu Nagar, Near Murra Bhatta, P.S.

Torva, District Bilaspur, C.G.

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

For Petitioner : Mr. Virendra Verma, Advocate For Respondent No.1/State : Mr. Nitansh Jaiswal, Deputy Govt.

Advocate For Respondent No.2 : Mr. Vijay K. Deshmukh, Advocate along with Ms. Tejaswi Mandavi, Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

24/03/2026 VED 1. Heard Mr. Virendra Verma, learned counsel appearing for the petitioner, PRAKASH DEWANGAN D VE ig D it a P l R ly A s K ig A n S e H d by as well as Mr. Nitansh Jaiswal, learned Deputy Government Advocate DEWANGAN Date: 2026.04.01 appearing for the respondent No.1/State, and Mr. Vijay K. Deshmukh along with Ms. Tejaswi Mandavi, learned counsel appearing for the respondent No.2.

2. This petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein the petitioner seeks quashment of the impugned order dated 25.11.2021 passed by the learned Additional Sessions Judge (Fast Track Court), Bilaspur (C.G.) in Sessions Trial No. 159/2021, arising out of Crime No. 138/2021 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), whereby charges have been framed against the petitioner under Sections 376(2)(n), 420, 496, 506, 294 and 323 of the Indian Penal Code. The petitioner has also prayed for quashment of the First Information Report as well as the entire charge-sheet dated 16.03.2021 filed before the learned trial Court.

3. The present petition has been filed by the petitioner seeking for the following reliefs:-

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

ii. The Hon'ble Court may kindly be pleased to quash the F.I.R. bearing no. 138/2021 u/s 376, 420 of I.P.C.

iii. That, the Hon'ble Court may kindly pleased to quash entire charge sheet filed on dated

16.03.2021 before Learned Special Judge (FTC)

Bilaspur (in Session Trial case no. 159/2021).

iv. That, Hon'ble Court may kindly be pleased to quash the impugned order dated 25.11.2021, wherein the learned trial court has framed the charges under section 376(2)(n), 420, 496, 506, 294, 323 of I.P.C. against the petitioner.”

4. The facts of the case as emerges from the pleadings of the petition are that, on 25.01.2021, the respondent No.2/prosecutrix lodged a complaint before Police Station Civil Lines, Bilaspur alleging that the present petitioner had entered into a relationship with her and had fraudulently performed a love marriage with her in the year 2014. It was further alleged that on the pretext of such relationship, the petitioner established physical relations with her and continued to exploit her over a period of time. The prosecutrix also alleged that she had borne the entire expenses of the medical education of the petitioner’s daughter and had, on several occasions, given money to the petitioner.

******* On the basis of the aforesaid complaint, an FIR bearing Crime No. 138/2021 was registered against the petitioner for the offences punishable under Sections 376 and 420 of the Indian Penal Code at Police Station Civil Lines, Bilaspur. During the course of investigation, the statements of as many as 11 witnesses were recorded under Section 161 Cr.P.C., and the statement of the prosecutrix was also recorded under Section 164 Cr.P.C. before the competent Magistrate.

******* After completion of investigation, the polic