IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE PUSHPENDRA YADAV

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ON THE 19 OF JANUARY, 2026 CRIMINAL REVISION No. 3108 of 2023 SANOJ SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Siddharth Sharma - Advocate for the petitioner.

Shri Vikram Pippal - Panel Lawyer for respondent No.1/State.

Shri Rajendra Singh Yadav - Advocate for respondent No.2.

ORDER The present criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 has been filed challenging the order dated 26.05.2023 whereby the application filed by the petitioner under Section 227 of Cr.P.C. for discharge has been dismissed by the 6th Additional Sessions Judge, Gwalior, in Sessions Trial No.154/2022 and charge under Sections 376(2)(n), 294, 419 and 506 Part II of IPC has been framed.

2. As per prosecution story, the prosecutrix, who is posted on the post of Assistant Professor (Contractual) in the Computer Science Engineering Department of Engineering Institute in Jiwaji University, made a complaint that for marriage purpose she created an account on matrimonial site i.e. Jeevan Sathi in the year 2013. One person namely Satyaprakash Tiwari contacted the prosecutrix via telephone and thereafter on false pretext of marriage made physical relationship with her. It was alleged that after two years i.e. in January, 2015 accused Satyaprakash came to the house of prosecutrix and made physical relationship. Thereafter the accused Satyaprakash started sending obscene messages to the prosecutrix. The allegation levelled upon present petitioner is that he came in contact with the prosecutrix by representing himself to be unmarried and holding the post of Constable in M.P. Police. The petitioner thereafter proposed her for marriage and called her to Ujjain to meet his parents, then the prosecutrix went to Ujjain where on the pretext of meeting with family members, he took her to a hotel near Mahakal Temple, Ujjain, and made physical relations with her. Thereafter the prosecutrix was sent back to Gwalior by giving assurance of marriage without there being any meeting with the family of the petitioner. It was also alleged that petitioner asked for Rs.51,000/- from the prosecutrix in between 11.04.2019 to 24.04.2019 and the said amount was sent by the prosecutrix in the account of the petitioner and when the prosecutrix insisted for marriage, then the petitioner denied by replying that he is already married and having a child.

3. It was also mentioned in the complaint of the prosecutrix that a man namely Bajranglal contacted her on 06.06.2021 through matrimonial site representing himself to be an employee of Railway police and presently posted at Bhopal. Thereafter, Bajranglal sought photo of prosecutrix and her elder sister for procuring them job in railway police. It was further alleged that Bajranglal demanded Rs. 2 lac and after due precaution she transferred Rs.1 lac in his account. Thereafter Bajranglal started threatening her. It was also alleged that Bajranglal gave her phone number to one Shivkumar Sharma who represented himself to be Constable in RPF. He also tried to cheat her and then she realized that she is being cheated by all the accused i.e. Satyaprakash Tiwari, Sanoj Sharma and Bajranglal by committing conspiracy.

4. On the basis of the allegations levelled in the complaint, FIR has been registered under Sections 376, 294, 506 and 34 of IPC at police Station, University, Distt. Gwalior, at crime No.152/2022. After investigation, charge-sheet was filed.

5. After committal of the case, an application under Section 227 of Cr.P.C. was filed by the petitioner for discharging him, but the same was dismissed by the impugned order dated 26.05.2023 and learned trial Court framed charges against the petitioner under Sections 376(2)(n), 294, 419 and 506 Part II of IPC which is under challenge in the present revision.

6. Learned counsel for the petitioner submits that evidence collected by the pro