1 2025:CGHC:48894-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2977 of 2025 Jitendra Kumar Sahu S/o Sita Ram Sahu Aged About 32 Years R/o Sur- dongar, Police Station- Doundi, District- Balod C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer of Police Sta- tion- Doundi, District- Balod C.G. 2 - Sub-Inspector, Uma Thakur, Sub-Inspector, Police Station- Doundi, District- Balod C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Aditi Singhvi, Advocate For Respondent No.1-State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 24 .09.2025 1 Heard Ms. Aditi Singhvi, learned counsel for the petitioner as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.09.24 16:36:08 +0530 2 2 The present petition has been filed by the petitioner with the following relief(s):- “A. The Hon'ble High Court may kindly be pleased to quash the FIR bearing No. 33/2025 dated 11.03.2025 at 18:49 hours filed at P.S. Doundi, Balod (C.G), under Section 108 Bharatiya Nyaya Sanhita, 2023 filed at the instance of respondent No. 02 against the petitioner. B. The Hon'ble High Court may kindly be pleased to quash the chargesheet bearing No. 33/2025, filed by the police of P.S. Doundi, Balod (C.G) on 04.05.2025 under Sections 108 of Bharatiya Nyaya Sanhita, 2023 pursuant to FIR bearing No. 33/2025 dated 11.03.2025 at 18:49 hours filed at P.S. Doundi, Balod (C.G) under Section 108 Bharatiya Nyaya Sanhita, 2023. C. The Hon'ble High Court may kindly be pleased to quash the order taking cognizance dated 09.05.2025 passed by the Judicial Magistrate First Class, Dallirajhara, District-Balod (C.G) in Criminal Case No. 1209/2025 wherein the Learned Magistrate Court has taken cognisance of the offence under Section 108 Bharatiya Nyaya Sanhita, 2023 against the petitioner. D. The Hon'ble High Court may kindly be pleased to quash the order dated 11.06.2025 passed by Learned Sessions Judge, Balod, wherein cognisance has been taken by the Learned Trial Court in Sessions Case No. 36/2025 under Section 108 Bharatiya Nyaya Sanhita, 2023 against the petitioner. E. The Hon'ble High Court may kindly be pleased to quash the proceedings pending in Sessions Case No. 36/2025 pending before Second Additional Sessions Judge, Balod, District- Balod (C.G) filed pursuant to 3 registration of FIR bearing No. 33/2025 dated 11.03.2025 at 18:49 hours filed at P.S.- Doundi, Balod (C.G) against the petitioner alleging offences under Section 108 Bharatiya Nyaya Sanhita, 2023. F. The Hon'ble High Court may kindly be pleased to quash the order of framing charges and the charge sheet framing charges dated 30.07.2025 passed in Sessions Case No. 36/2025 passed by the Second Additional Sessions Judge, Balod, District- Balod (C.G) wherein the charges have been framed against the petitioner under Section 108 Bharatiya Nyaya Sanhita, 2023. G. That, this Hon'ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.” 3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in FIR No. 33/2025 dated 11.03.2025, registered at P.S. Doundi, Balod under Section 108 of the BNS. The deceased, wife of the petitioner, committed suicide by hanging on 20.02.2025, and the merg intimation itself was lodged by the petitioner. The allegation of harassment is vague and based solely on the cyclostyle statements of family members recorded belatedly on 31.03.2025 and 19.04.2025, long after the incident, which clearly indicates afterthought and false implication. No specific incident of cruelty has been mentioned, no prior complaint was ever lodged by the deceased or her family during 15 years of marriage, and no suicide note has been left behind. Even the children of the petitioner, who would have been the most material witnesses, were not examined. In absence of any 4 positive act of instigation or abetment and without clear mens rea on the part of the petitioner, the essential ingredients of the offence are not made out. 4 When a pointed query was made to the learned counsel for the petitioner as to why none of the family members have been made party respondents, at this stage, she seeks permission to withdraw the present petition with liberty to file afresh after impleading the family member, i.e., the mother of the deceased, as a party respondent. 5 Learned counsel appearing for the State has no objection to the said submission. 6 Accordingly, the present petition is dismissed as withdrawn, with the aforesaid liberty granted in favour of the petitioner. 7 Let the certified copies of the First Information Report, charge- sheet, and other annexures be returned to the learned counsel for the petitioner after obtaining photostatic copies thereof. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu