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2025 DAILYLAW 40135 (CHH)

RAJESH JAISWAL v. STATE OF CHHATTISGARH

CRMP/2669/2025 · 2025-08-25

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:43144-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2669 of 2025 Rajesh Jaiswal S/o Ramjhul Jaiswal Aged About 54 Years R/o House No. L.I.G. 221 In Front Of Pani Tanki, Dindayal Colony Mangla Bilaspur, District - Bilaspur C.G. ... Petitioner versus 1 - State of Chhattisgarh Through - Police Station Sakri, District - Bilaspur C.G. 2 - Xyz Nill ... Respondents __________________________________________________________ For Petitioner : Mr. Amit Kumar, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. __________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 26.08.2025 1. This petition has been filed by the petitioner for the following prayer :- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the F.I.R no. 441/2025 dated 02.07.2025 and investigation emanating therefrom, registered at Police Station Sakri, District Bilaspur against the petitioner for the offence punishable under section 376(2)(n), 294, 506, 323 of IPC, in the interest of justice.” AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.28 14:40:48 +0530 2 2. Case of the prosecution, in brief, is that the complainant/respondent No.2 lodged a report against the petitioner, in which, she alleging therein that she is working as a Government Teacher at Koni, village Ramtala Dist Bilaspur and lives along with her three children. Her husband had died in the year 2021. She met with the petitioner in the month of August 2022, thereafter, they continued to meet each other. On 25.09.2022, the petitioner came to the house of the respondent No.2/complainant and proposed her for marriage and made physical relation with her. After sometime, when the respondent No.2/complainant asked the petitioner to marry, the petitioner refused and assaulted her. It is alleged against the petitioner that on the pretext of marriage, the petitioner has committed sexual intercourse with her and assaulted her too. 3. Learned counsel for the petitioner submits that the respondent No. 2 has been residing in the house of the petitioner as a tenant since 2022, the respondent no. 2 has not paid the rent of the house of the petitioner for about 2 years and the electricity bill of Rs.31,000/- has also not been paid. It is submitted that when the petitioner demanded the outstanding rent of his house, then the complainant/respondent No.2 lodged a false report against the petitioner. He submits that the complainant has already got married thrice and was also exploiting and blackmailing her earlier spouses. Moreover, the petitioner has been granted anticipatory bail by this Court on 17/06/2025, passed in MCRCA No.871/2025. 4. On the other hand, learned counsel for the State submits that on 3 the pretext of marriage, the petitioner has committed forcibly sexual intercourse with her, for which, the complainant has lodged an FIR against him which is just and proper. 5. We have heard learned counsel for the parties and perused the pleadings and prayer made in the petition. 6. Considering the fact that the complainant is a widow lady lives with her three children; the petitioner came in contact with the complainant and proposed her to marry, but later, when the complainant asked to marry, the petitioner refused and assaulted too, which is reflected from the FIR. The matter requires due investigation. Hence, at this stage, we are not inclined to entertain this CRMP. 7. Accordingly, the present petition is dismissed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep