1 2025:CGHC:22068-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 283 of 2025 1 - XYZ Nil ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Home (Police) Department Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - The City Superintendent Of Police Purani Basti, Raipur District- Raipur (C.G.) 3 - The Station Houe Officer Police Station D.D. Nagar Raipur District - Raipur (C.G.) 4 - Parmeshwar Sahu S/o Ramnath Sahu Aged About 32 Years R/o Belsari P.S. Fasterpur District - Mungeli (C.G.) At Present R/o 132, Veersavarkar Nagar Jarway Telibandha, P.S. Kabirnagar Raipur District - Raipur (C.G.) 5 - Ramnath Sahu S/o Purushottam Sahu Aged About 51 Years R/o Village Belsari P.S. Fastarpur District - Mungeli (C.G.) 6 - Neha Sao D/o Basant Sao Aged About 27 Years R/o Village Jagdishpur P.S. Basna District- Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Goutam Khetrapal along with Mr. Gaurav Singhal, Advocates For Respondent(s) : Mr. Shashank Thakur, Dy. A.G. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.05.16 11:35:03 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 15.05.2025 1. Heard Mr. Goutam Khetrapal (through Video Conferencing) along with Mr. Gaurav Singhal, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General for respondents No.1 to 3 / State. 2. The present petition has been filed seeking following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents no. 2 & 3 to file supplementary charge sheet before the trial Court against the respondents no. 4 to 6, within stipulated time. 10.2 That, the Hon'ble Court may kindly be pleased to cancel/recall the orders dated 06.11.2023, 26.02.2024 & 15.02.2024 in Cr.A. No. 1811/2023, Cr.A. No. 121/2023 & Cr.A. 143/2024. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent no. 3 to arrest the respondents no. 5 & 6 and ensure the presence of respondents no. 4 to 6 before the trial Court. 10.4 That, the Hon'ble Court may kindly be pleased to provide police protection to the petitioner and other prosecution witnesses from the inducement and threatening being given by the respondents no. 4 to 6. 10.5 That, the Hon'ble Court may kindly be pleased to 3 direct the learned Special Judge (Atrocities), Raipur for making special arrangement for recording evidence of petitioner and other prosecution witnesses in Special Sessions Case No. 46/2023 pending learned Special Judge (Atrocities), Raipur. 10.6 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Brief facts of the case are that the petitioner belongs to member of scheduled caste and she is victim of rape and sexual harassment, who has sexually exploited by the accused Parmeshwar on the false promise of marriage and due to continuous sexual harassment given by the accused Parmeshwar, the petitioner became pregnant and after knowledge of pregnancy, the accused persons have forced the petitioner for miscarriage of pregnancy. On the basis of written report lodged by the petitioner, the offence under Section 376, 376(2)(n), 511, 294, 323, 506-B, 313, 342, 417, 34 of IPC and Section 3(2)(v)(v-a) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 have been registered against the respondents No. 4 to 6 in Crime No. 310/2023. Even after registration of FIR, the concerned police personnel were not arrested the accused persons, with intention to provide shelter to the accused person, as the accused persons are powerful person in the locality and having political approach. The Station House Officer, Police Station, D.D. Nagar, Raipur has filed half-hearted/incomplete challan before the learned JMFC, 4 Raipur on 20.08.2023 by showing the accused persons as absconding. While filing the incomplete charge-sheet, the Station House Officer, Police Station, D.D. Nagar, Raipur has mentioned that in view of provisions of Section 173(8) of Cr.P.C. the investigation is kept pending and after completion of investigation, the supplementary challan would be filed. The respondents No. 4 to 6 were applied for grant of anticipatory bail before the Hon'ble Court and the same were registered as Cr.A. No. No. 1811/2023, Cr.A. No. 121/2023 & Cr.A. 143/2024 and vide orders dated 06.11.2023, 26.02.2024 & 15.02.2024, the Hon'ble Court was kind enough to grant anticipatory bail to the accused under certain conditions, but the respondents No. 4 to 6/accused have not followed the said condition of bail orders. The respondents no. 4 to 6 are regularly giving several kind of inducement and threatening to the petitioner as well as other witnesses for not giving evidence before the trial Court against the accused and the petitioner is scared about her life and future. Hence this petition. 4. Learned counsel for the petitioner submits that till date, no charge- sheet has been filed by the prosecution against the respondents No. 4 to 6. The accused persons are roaming freely and the prosecution has not submitted supplementary charge-sheet against the accused persons. The accused persons are giving inducement and threatening the petitioner and other witnesses for not giving evidence against them before the trial Court, therefore the petitioner who is the member of scheduled caste is every 5 apprehension that she will not get justice from the court of law, as even after lapse of more than 2 years, till date the prosecution has not submitted the complete charge-sheet before the trial Court in the case of rape and sexual harassment, which conduct of prosecution is highly objectionable. Vide order dated 09.01.2025, the learned trial Court has also directed the respondent No. 3 to submit supplementary charge-sheet against the accused persons. On 10.02.2025, the respondent No. 2 has given undertaking before the trial Court that the supplementary charge-sheet has already been prepared and the same will be filed within 4 days. Thereafter the case was fixed before the trial Court on several times i.e on 14.02.2025, 24.02.2025, 04.03.2025, 11.03.2025, 29.03.2025, 15.04.2025 & 29.04.2025 for filing supplementary charge-sheet, but till date the supplementary charge-sheet has not been filed before the trial Court. The prosecution agency is deliberately delaying the investigation proceedings in order to provide undue benefits of delayed investigation to the accused persons. The police authorities are giving false, incorrect and wrong statement regarding filing supplementary charge-sheet before the trial Court, only for providing undue benefits to the accused persons. The accused have neither appeared before the Investigating Officer for interrogation and investigation and also they are not appearing before the trial Court. 5. Learned counsel for the petitioner further submits that the police authorities are hand-in-glove with the accused persons and they 6 are providing shelter to the accused persons. The Station House Officer, Police Station, D.D. Nagar, Raipur has filed half-hearted/incomplete challan before the learned JMFC, Raipur on 20.08.2023 by showing the accused persons as absconding. While filing the incomplete charge-sheet, the Station House Officer, Police Station, D.D. Nagar, Raipur has mentioned that in view of provisions of Section 173(8) of Cr.P.C. the investigation is kept pending and after completion of investigation, the supplementary challan would be filed. After lapse of about 2 years, till date the Station House Officer, Police Station, D.D. Nagar, Raipur has not completed the investigation and no supplementary charge sheet has been filed by the police personnel and no further investigation is being carried out. The respondents no. 5 & 6 have not furnished the bail bond before the trial court and further they have not appeared before the Investigating Authority, thereby misusing the liberty of bail, therefore the orders of granting bail to the accused persons are liable to be cancelled. 6. Learned State Counsel submits that the matter is still pending before the competent Court and further, an application was moved by accused / respondent No.4- Parmeshwar Sahu for DNA test of the child born from the relationship of the petitioner and the respondents and vide order dated 29.04.2024 passed by the learned trial Court, it appears that the said issued has been dealt with by the trial Court vide order dated 03.05.2025. 7 7. Learned State counsel also submits that relief sought by the petitioner in clause 10.2 and 10.3 are defective as the petitioner has an alternative remedy to move bail cancellation application against the bail granted to the respondents No. 4 to 6 vide order dated 06.11.2023, 26.02.2024 and 15.02.2024 by this Court hence, the present petition deserves to be dismissed. 8. During the course of the argument, it transpires that an application was moved by accused / respondent No.4 Parmeshwar Sahu for DNA test of the child born out of the relationship of the respondents and the petitioner and vide order dated 29.04.2024 passed by the learned trial Court, it appears that the said issued has been dealt with by the trial Court vide order dated 03.05.2025 and learned counsel for the petitioner submits that vide order dated 03.05.2025, the accused / respondent No.4 has accepted that the child whose DNA test is demanded belongs to him and he is ready to adopt him, but there appears to be no document annexed with the petition to prove the submissions made by learned counsel for the petitioners. 9. At the outset, learned counsel for the petitioner further submits that he does not want to press the relief sought by him in clause 10.2 and 10.3 as the objection was made by learned State counsel that the petitioner has an alternative remedy to move bail cancellation application against the bail granted to the respondents No. 4 to 6 vide order dated 06.11.2023, 26.02.2024 and 15.02.2024 by this Court. 8 10. In view of the same, we are not inclined to interfere in the matter, as such, the present petition is dismissed, leaving it open to the petitioners to file the petition afresh, annexing the complete order- sheet passed by the trial Court with proper prayers and pleadings, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet