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2025 DAILYLAW 24454 (CHH)

XYZ v. STATE OF CHHATTISGARH

WPCR/302/2025 · 2025-05-28

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:22425-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 302 of 2025 Xyz Nil ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mantralaya Atal Nagar, New Raipur, District - Raipur Chhattisgarh 2 - The City Superintendent Of Police Purani Basti, Raipur, District - Raipur Chhattisgarh 3 - The Station House Officer Police Station D.D. Nagar, Raipur, District - Raipur Chhattisgarh 4 - Parmeshwar Sahu S/o Ramnath Sahu Aged About 32 Years R/o Belsari, P.S. - Fasterpr, District - Mungeli Chhattisgarh At Present R/o 132, Veersavarkar Nagar, Jarway, Telibandha, P.S. - Kabirnagar, Raipur, District - Raipur Chhattisgarh 5 - Ramnath Sahu S/o Purushottam Sahu Aged About 51 Years R/o Village - Belsari, P.S. - Fastarpur, District - Mungeli Chhattisgarh 6 - Neha Sao D/o Basant Sao Aged About 27 Years R/o Village - Jagdishpur, P.S. Basna, District - Mahasamund Chhattisgarh 7 - Chadnrashekhar Agrawal Advocate Civil Court, Raipur, District - Raipur Chhattisgarh ... Respondents (Cause title taken from Case Information System) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.29 18:00:24 +0530 2 For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondents/State : Mr. Rahul Tamaskar, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, C.J. 29/05/2025 1. Present petition has been filed by the petitioner against the illegal, arbitrary and lethargic action on the part of the respondent No.3 in not filing the complete/supplementary charge sheet before the learned Special Judge Atrocities, Raipur against the accused persons/ respondents No. 4 to 6 and thereby providing shelter and undue benefits to the respondents No. 4 to 6/accused, who are powerful person of the locality. 2. The petitioner has filed the present petition with the following prayer:- “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 this Hon'ble Court may kindly be pleased to direct the learned Special Judge (Atrocities), Raipur to include the name of respondent no. 7 as an accused in Special Sessions Case No. 46/2023 pending learned Special Judge (Atrocities), Raipur. 10.3 That, the Hon'ble Court may kindly be pleased to 3 provide police protection to the petitioner and other prosecution witnesses from the inducement and threatening being given by the respondents no. 4 to 6. 10.4 That, the Hon'ble Court may kindly be pleased to 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. 10.5 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. Learned counsel for the petitioner would submit that the petitioner belongs to member of scheduled caste and she is the victim of rape and sexual harassment, who has sexually exploited by the accused Parmeshwar, on account of which the petitioner became pregnant and after knowledge of pregnancy, the accused persons had forced the petitioner to miscarriage of pregnancy. He would further submit that now the petitioner gave birth to a child. He submits that the accused Parmeshwar has accepted the child, but due to the DNA report, the charge-sheet has till date not been filed. 4. On the other hand, learned counsel for the State would submit that the supplementary charge-sheet has been prepared and certain defects have been pointed out, therefore, the same could not be filed till date. 4 He would further submit that the next date before the trial Court is 23.06.2025 and on that date the supplementary charge-sheet would be filed. 5. We have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions made by learned counsel for the parties, and the fact that the supplementary charge-sheet has been prepared and, according to the learned State counsel, the same would be filed shortly, as there was some defects found in the same, we do not deem it proper to keep the petition pending. 7. Accordingly, the present petition is disposed of, leaving open to the investigating officer to proceed in accordance with law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice ved