1 2025:CGHC:6241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2405 of 2018 1 - Bhuvneshwar Alfa (Wrongly Written As Bhuneshwar Alfa) S/o Shri Firat Ram Aged About 46 Years Caste Satnami, Occupation Service (Lecturer Panchayat Govt. Boys Higher Secondary School, Bagicha) Police Station And Tahsil Bagicha, District Jashpur Chhattisgarh, Permanent R/o Village Karmauha, Tahsil Police Station Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. C. Jayant K. Rao, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 04/02/2025 1. Heard Mr. C. Jayant K. Rao, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, Panel Lawyer, appearing for the respondent/State. 2. The present petition has been filed by the petitioner under Section 482 of the 2 Criminal Procedure Code, 1973 challenging the final report/charge-sheet filed before the learned Judicial Magistrate First Class, Bagicha for the offence under Section 454, 354, 354-A(i) and Section 354-A(i)(ii) of IPC and made following prayer in the petition: "It is therefore, prayed, that this Hon'ble Court may kindly be pleased to allow this petition and set-aside the final report/charge sheet filed before Judicial Magistrate First Class, Bagicha in Criminal Case No. 217/2018 filed by the police of Police Station Bagicha, in the interest of justice." 3. Learned counsel for the petitioner would submit that from the entire charge- sheet, no prima facie offence is disclosed against the present petitioner, he is not actively involved in any offence with the victim. From the statement of the victim as well as other witnesses it clearly reflects that the main allegation against co-accused and the present petitioner is not present on the place of alleged incident and only to settle personal grudge, he has been implicated in the offence, therefore, the impugned charge-sheet filed against the petitioner may be quashed. 4. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the petitioner and have submitted that from the FIR as well as statement of the witnesses there is sufficient material against the petitioner to proceed against him in the case. The present petitioner along with the co-accused have committed the offence which has been described by the victim who was the school going girl and there is allegation against the present petitioner that on his instance the co-accused had tried to outrage the modesty and demanded for sexual favour, therefore, there is sufficient prima facie material against the petitioner in the case and the petition filed by him is liable to be dismissed. 3 5. We have heard learned counsel for the parties and perused the material annexed with the petition. 6. It transpires from the record that the complainant who is the victim of the case have not been made as a party respondent in the petition, further while examining the statement of the victim girl, we found that the prima faice case is made out against the petitioner and there is sufficient allegation against him that he is also involved in the commission of the offence. From the FIR as well as statement of the victim and other witnesses who are the aunt of the victim, teachers of the school, the prima facie involvement of the petitioner in the offence against the petitioner is disclosed. On the basis of the charge-sheet filed against the present petitioner cognizance has been taken, therefore, we do not find any good ground to interfere in the petition and to quash the charge-sheet filed against the petitioner. 7. In the result the petition fails and hereby dismissed. 8. Interim order, if any, stands vacated. 9. The copy of this order be communicated to the learned trial Court concerned for necessary compliance and action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.07 19:25:55 +0530