1 2026:CGHC:1239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 18 of 2026 1 - Satish Mishra S/o Late Ramkumar Mishra Aged About 36 Years R/o Ward No. 1 Ramnagar Kailash Nagar, Kawardha, Police Station And Tahsil - Kawardha, District - Kabirdham (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Mahila Thana, Kawardha, District - Kabirdham (C.G.) 2 - X (Name And Detail Of The Complainant/prosecutrix Is Given In Closed Envelope) ... Non-applicant(s) For Applicant (s) : Mr. Kanhaiya Ram Yadav, Advocate. For Non-applicant (s) : Mr. Sunita Manikpuri, Panel Lawyer. Hon'ble Shri Justice Ravindra Ku mar Agrawal Order on Board 08/01/2026 1. The present criminal revision filed by the applicant under Section 438/442 of the Bhartiya Nagarik Suraksha Sanhita, 2023 against the order dated 16.12.2025, passed by learned Additional Sessions Judge (FTC), District Kabirdham, in Sessions Case No. 76 of 2025, whereby ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.01.13 11:27:51 +0530 2 the charges against the applicant has been framed for the offence under Sections 69, 81, 351(3) of BNS, 2023. 2. The brief facts of the case are that, the applicant is an accused in the aforesaid Sessions Case No. 76 of 2025, which is arising out of the Crime No. 41 of 2025, registered at Police Station Mahila Thana Kawardha, District Kabirdham on the complaint made by the respondent No.2. On 12.09.2025, the complainant lodged a complaint against the applicant that she knew the applicant for last about 02 years as with respect to the offence registered against her brother, she used to go to Police Station and the applicant was a constable there at Police Station Kawardha. They exchanged mobile numbers and to take advantage of his position, he used to call her. On 21.05.2025, the applicant proposed her and took her to visit places, he also proposed her for marriage. Despite her protest and objection he made forceful physical relation with her, she was afraid of for the reason that he is in police service and she would be incarcerated in any offence. By giving threatening he made repeated physical relation with her. On 30.06.2025 when she asked him for marriage otherwise she would lodge a report against him, then he convinced her and took her to Arya Samaj Mandir on 06.07.2025 and performed marriage. In the month of August he again made physical relation with her and thereafter, thrown her from his company by given threatening that she can do whatever she want to do. Thereafter on 12.09.2025, she lodge written complaint. The police have registered the FIR against the applicant for the offence under Section 69, 81, 351(3) of BNS, 2023 and after investigation charge-sheet was filed before the learned trial Court. On 16.12.2025, 3 the charges have been framed against the applicant, which is under challenge in the present criminal revision. 3. Learned counsel for the applicant would submit that, the entire case of prosecution is false and fabricated and there is no ingredient of any alleged offence. The complainant was the consenting party in the alleged act of 21.05.2025 and she has not made any complaint at that time. It is only when some misunderstanding occurred between them, she lodged the report against the applicant. He would further submit that, from the complaint itself it transpires that the applicant has married with the complainant at Arya Samaj Mandir on 06.07.2025, therefore, there is no ingredient of the offence of rape on the pretext of marriage. The complainant is a major and educated girl having well understanding of her well being. There is no injury found on the body of the complainant, and therefore, the ingredients of the alleged offences are missing and not sufficient to frame charge and to proceed with the trial. Therefore, the present criminal revision may be allowed and the impugned order of framing charge may be set aside and he may be discharged. 4. On the other hand, learned counsel appearing for the State vehemently opposes the submissions made by learned counsel for the applicant and has submitted that, there are sufficient and overwhelming evidence against the applicant, which prima facie disclosed the offence for framing of charge and to proceed with the trial. From the FIR as well as statement of the complainant and other witnesses, it is apparent that the complainant was being subjected to rape by the applicant and she 4 was kept under assurance that, he would marry with her. Although, the applicant married with the complainant at Arya Samaj Mandir, but asked her not to disclose about the marriage to anyone, would clearly show his intention to obtain consent by keeping her under false promise of marriage. When the complainant asked him to reside together, he started altercation and abusing. In view of the material available in the charge sheet, the learned trial Court has rightly framed the charges against the applicant and the present criminal revision is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material annexed with the present revision. 6. In the present case, the allegation against the applicant is that, he developed friendship with the complainant and proposed her for marriage. On 21.05.2025, he took her to his house on the pretext that they will go to visit places and in his house, he forcefully committed sexual intercourse with her despite her protest. Although the marriage with the complainant on 06.07.2025 at Arya Samaj Mandir, Raipur the applicant had already married as has been reflected from the statement of the complainant recorded under Section 180 of BNSS, 2023 which is annexed in the petition at page No. 114. Evenafter performing marriage at Arya Samaj Mandir the applicant thrown the complainant from his company by given threatening to her. From the statement of other witnesses it also reflected that the applicant was already married, yet he kept the complainant under assurance that he is unmarried and he will marry with her. From the statement of the 5 complainant as well as other witnesses, the intention of the applicant to keep the complainant under assurance is covered from his conduct. It transpires that despite her protest the applicant made forceful physical relation with her and sexually exploited her. The material available in the charge-sheet and the allegation made against the applicant are sufficient to frame charge against the applicant for the alleged offence. 7. While considering the scope of Section 227 of the Cr.P.C., the Hon’ble Supreme Court has considered in the case of “M.E. Sivalingamurthy v. Central Bureau of Investigation, Bengaluru”, (2020) 2 SCC 768, in Para 17 and 18 of its judgment, the Hon’ble Supreme Court has laid down the legal principles applicable in regard to an application sitting discharge, which is as under :- “17. This is an area covered by a large body of case law. We refer to a recent judgment which has referred to the earlier decisions viz. P. Vijayan v. State of Kerala and discern the following principles: 17.1. If two views are possible and one of them gives rise to suspicion only as distinguished from grave suspicion, the trial Judge would be empowered to discharge the accused. 17.2. The trial Judge is not a mere post office to frame the charge at the instance of the prosecution. 17.3. The Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding. Evidence would consist of the statements recorded by the police or the documents produced before the Court. 17.4. If the evidence, which the Prosecutor proposes to adduce to prove the guilt of the accused, even if fully accepted before it is challenged in cross- examination or rebutted by 6 the defence evidence, if any, "cannot show that the accused committed offence, then, there will be no sufficient ground for proceeding with the trial". 17.5. It is open to the accused to explain away the materials giving rise to the grave suspicion. 17.6. The court has to consider the broad probabilities, the total effect of the evidence and the documents produced before the court, any basic infirmities appearing in the case and so on. This, however, would not entitle the court to make a roving inquiry into the pros and cons. 17.7. At the time of framing of the charges, the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution, has to be accepted as true. 17.8. There must exist some materials for entertaining the strong suspicion which can form the basis for drawing up a charge and refusing to discharge the accused. 18. The defence of the accused is not to be looked into at the stage when the accused seeks to be discharged under Section 227 CrPC (see State of J&K v. Sudershan Chakkar). The expression, "the record of the case", used in Section 227 CrPC, is to be understood as the documents and the articles, if any. produced by the prosecution. The Code does not give any right to the accused to produce any document at the stage of framing of the charge. At the stage of framing of the charge, the submission of the accused is to be confined to the material produced by the police (see State of Orissa v. Debendra Nath Padhi).” 8. In the matter of “Ajay Singh and another v. State of Chhattisgarh and others” (2017) 3 SCC 330, the Hon’ble Supreme Court in Para 9 of its judgment held that : “9. Chapter XVIII CrPC provides for trial before a Court of Session. Section 227 empowers the trial Judge to 7 discharge the accused after hearing the submissions of the accused and the prosecution and on being satisfied that there is no sufficient ground for proceeding against the accused. The key words of the section are "not sufficient ground for proceeding against the accused". Interpreting the said provision, the Court in P. Vijayan v. State of Kerala has held that the Judge is not a mere post office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. In assessing this fact, it is not necessary for the court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really the function of the court, after the trial starts. At the stage of Section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. In other words, the sufficiency of ground would take within its fold the nature of the evidence recorded by the police or the documents produced before the court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him.” 9. Further, in the matter of “Sajjan Kumar v. Central Bureau of Investigation”, (2010) 9 SCC 368, in Para 21 of its judgment the Hon’ble Supreme Court has held that : “21. On consideration of the authorities about the scope of Sections 227 and 228 of the Code, the following principles emerge: (i) The Judge while considering the question of framing the charges under Section 227 CrPC has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine prima facie case would depend upon the facts of each case. 8 (ii) Where the materials placed before the court disclose grave suspicion against the accused which has not been properly explained, the court will be fully justified in framing a charge and proceeding with the trial. (iii) The court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities, etc. However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. (iv) If on the basis of the material on record, the court could form an 9 opinion that the accused might have committed offence, it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence. (v) At the time of framing of the charges, the probative value of the material on record cannot be gone into but before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible. (vi) At the stage of Sections 227 and 228, the court is required to evaluate the material and documents on record with a view to find out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence. For this limited purpose, sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case. (vii) If two views are possible and one of them gives rise to suspicion only, as distinguished 9 from grave suspicion, the trial Judge will be empowered to discharge the accused and at this stage, he is not to see whether the trial will end in conviction or acquittal.” 10. Recently, in the matter of “Ram Prakash Chadha v. State of Uttar Pradesh”, AIR 2024 SC 3540, the Hon’ble Supreme Court has considered in Para 12 to 22 & 30 that : “12. We have already considered the meaning of the expression "the record of the case and the documents submitted therewith" relying on the decision in Debendra Nath Padhi's case (supra) only to re-assure as to what are the materials falling under the said expression and thus, available for consideration of an application filed for discharge under Section 227, Cr.PC. In the light of the same, there cannot be any doubt with respect to the position that at the stage of consideration of such an application for discharge, defence case or material, if produced at all by the accused, cannot be looked at all. Once "the record of the case and the documents submitted therewith" are before the Court they alone can be looked into for considering the application for discharge and thereafter if it considers that there is no sufficient ground for proceeding against the accused concerned then he shall be discharged after recording reasons therefor. In that regard, it is only appropriate to consider the authorities dealing with the question as to what exactly is the scope of consideration and what should be the manner of consideration while exercising such power. 13. The decision in Yogesh alias Sachin Jagadish Joshi v. State of Maharashtra' this Court held that the words "not sufficient ground for proceeding against the accused" appearing in Section 227, Cr.PC, postulate exercise of judicial mind on the part of the Judge to the facts of the case revealed from the materials brought on record by the prosecution in order to determine whether a case for trial has been made out. In the decision in State of Tamil Nadu v. N. Suresh Rajan and Ors. this Court held that at a stage of consideration of an 10 application for discharge, the Court has to proceed with an assumption that the materials brought on record by the prosecution are true, and evaluate the materials to find out whether the facts taken at their face value disclose the existence of the ingredients constituting the offence. At this stage, only the probative value of the materials has to be gone into and the court is not expected to go deep into the matter to hold a mini-trial. 14. In the decision in BK Sharma v. State of UP, the High Court of judicature at Allahabad held that the standard of test and judgment which is finally applied before recording a finding of conviction against an accused is not to be pplied at the stage of framing the charge. It is just a very strong suspicion, based on the material on record, and would be sufficient to frame a charge. 15. We are in agreement with the said view taken by the High Court. At the same time, we would add that the strong suspicion in order to be sufficient to frame a charge should be based on the material brought on record by the prosecution and should not be based on supposition, suspicions and conjectures. In other words, in order to be a basis to frame charge the strong suspicion should be the one emerging from the materials on record brought by the prosecution. 16. In the decision in Stree Atyachar Virodhi Parishad v. Dilip Nathumal Chordia and Anr., this Court held that the word 'ground' in Section 227 Cr.PC, did not mean a ground for conviction, but a ground for put- ting the accused on trial. 17. In P. Vijayan v. State of Kerala and Anr., after extracting Section 227, Cr.PC, this Court in paragraph Nos. 10 and 11 held thus: - "10. *********** ...If two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trial Judge will be empowered to discharge the accused and at this stage he is not to see whether the trial will end in 11 conviction or acquittal. Further, the words "not sufficient ground for proceeding against the accused" clearly show that the Judge is not a mere post office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. In assessing this fact, it is not necessary for the court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really the function of the court, after the trial starts. 11. At the stage of Section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused, In other words, the sufficiency of ground would take within its fold the nature of the evidence recorded by the police or the documents produced before the court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him." 18. In paragraph 13 in P. Vijayan's case (supra), this Court took note of the principles enunciated earlier by this Court in Union of India v. Prafulla Kumar Samal which reads thus: - "10.… (1) That the Judge while considering the question of framing the charges under Section 227 of the Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. (2) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained the Court will be fully justified in framing a charge and proceeding with the trial. 12 (3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused. (4) That in exercising his jurisdiction under Section 227 of the Code the Judge which under the present Code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This however does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial." 19. In the light of the decisions referred supra, it is thus obvious that it will be within the jurisdiction of the Court concerned to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused concerned has been made out. We are of the considered view that a caution has to be sounded for the reason that the chances of going beyond the permissible jurisdiction under Section 227, Cr.PC, and entering into the scope of power under Section 232, Cr.PC, cannot be ruled lout as such instances are aplenty. In this con- text, it is relevant to refer to a decision of this Court in Om Parkash Sharmav. CBI. Taking note of the language of Section 227, Cr.PC, is in negative terminology and that the language in Section 232, Cr.PC, is in the positive terminology and considering this distinction between the two, this Court held that it would not be open to the Court while considering an application under Section 227, Cr.PC, to weigh the pros and cons of the evidence alleged 13 improbability and then proceed to discharge the accused holding that the statements existing in the case therein are unreliable. It is held that doing so would be practically acting under Section 232, Cr.PC, even though the said stage has not reached. In short, though it is permissible to sift and weigh the materials for the limited purpose of finding out whether or not a prima facie case is made out against the accused, on appreciation of the admissibility and the levidentiary value such materials brought on record by the prosecution is impermissible as it would amount to denial of opportunity to the prosecution to prove them appropriately at the appropriate stage besides amounting to exercise of the power coupled with obligation under Section 232, Cr.PC, available only after taking the evidence for the prosecution and examining the accused. 20. Even after referring to the aforesaid decisions, we think it absolutely appropriate to refer to a decision of the Madhya Pradesh High Court in Kaushalya Devi v. State of MP. It was held in the said case that if there is no legal evidence, then framing of charge would be groundless and compelling the accused to face the trial is contrary to the procedure offending Article 21 of the Constitution of India. While agreeing with the view, we make it clear that the expression 'legal evidence' has to be construed only as evidence disclosing prima facie case, 'the record of the case and the documents submitted therewith'. 21. The stage of Section 227, Cr.PC, is equally crucial and determinative to both the prosecution and the accused, we will dilate the issue further. In this context, certain other aspects also require consideration. It cannot be said that Section 227, Cr.PC, is couched in negative terminology without a purpose. Charge sheet is a misnomer for the final re- port filed under Section 173 (2), Cr.PC, which is not a negative report and one that carries an accusation against the accused concerned of having committed the offence (s) mentioned therein. 22. In cases, where it appears that the said offence(s) is one triable exclusively by the Court of Session, the Magistrate shall have to commit the case to the Court of 14 Session concerned following the prescribed procedures under Cr.PC. In such cases, though it carries an accusation as aforementioned still legislature thought it appropriate to provide an inviolable right as a precious safe guard for the accused, a pre-battle protection under Section 227, Cr.PC. Though, this provision is couched in negative it obligated the court concerned to unfailingly consider the record of the case and document submit- ted therewith and also to hear the submissions of the accused and the prosecution in that behalf to arrive at a conclusion as to whether or not sufficient ground for proceeding against the accused is available thereunder. Certainly, if the answer of such consideration is in the negative, the court is bound to discharge the accused and to record reasons therefor. The corollary is that the question of framing the charge would arise only in a case where the court upon such exercise satisfies itself about the prima facie case revealing from "the record of the case and the documents submitted therewith" against the accused concerned. In short, it can be said in that view of the matter that the intention embedded is to ensure that an accused will be made to stand the ordeal of trial only if 'the record of the case and the documents submitted therewith discloses ground for proceeding against him. When that be so, in a case where an application is filed for discharge under Section 227, Cr.PC, it is an irrecusable duty and obligation of the Court to apply its mind and answer to it regarding the existence of or otherwise, of ground for proceeding against the accused, by confining such consideration based only on the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in that behalf. To wit, such conclusion on existence or otherwise of ground to proceed against the accused concerned should not be and could not be based on mere suppositions or suspicions or conjectures, especially not founded upon material available before the Court. We are not oblivious of the fact that normally, the Court is to record his reasons only for discharging an accused at the stage of Section 227, Cr.PC. However, when an application for discharge is filed under Section 227, Cr.PC, the Court 15 concerned is bound to disclose the reason(s), though, not in detail, for finding sufficient ground for rejecting the application or in other words, for finding prima facie case, as it will enable the superior Court to examine the challenge against the order of rejection. 30. In the light of the records of the case and the documents submitted therewith, it can only be found that the said finding of the Trial Court on the ground to proceed against the appellant is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution. With respect to the first part of the above extracted recital from the order of the Trial Court, it is to be noted that it is nobody's case that the appellant was in the Police Station or informed of the sufferance from chest pain. As relates the second suspicion, it is to be noted that the very Trial Court itself, in the very order dated 19.04.2007 itself, stated that in Crime No.351/1993 under Section 392. IPC the deceased Ram Kishore was only a witness and that the amount in cash and the draft involved was that of the appellant. It is also the case of the prosecution that the said case was registered, at the instance of the appellant against unknown persons. Hence. when the appellant who lost the money went to Police Station along with the witness thereof, how can it be presumed by the Court as a strong case for suspicion for commission of the offence of criminal conspiracy. especially taking note of the very case of the prosecution that causative incident for the case occurred when Ram Kishore was returning after collecting the business proceeds of the appellant and that the appellant was informed of it over telephone by Ram Kishore. When there is no case for the prosecution that the appellant pointed the fingers at Ram Kishore how the lodging of the complaint, apprehending custodial death of Ram Kishore who was appellant's clerk for about 13 years, which caused the registration of custodial death case under FIR No. 371/1993 can be taken as a ground for framing charge against the appellant for the offences punishable under Sections 302, IPC, 120-B with the aid of Section 34, IPC.” 16 11. Reverting to the facts of the present case, from the statement of the complainant as well as her father, brother her friends and other witnesses. It is quite apparent that she made allegation of rape against the applicant and abused her, the statement of the complainant have duly been supported by the statement of other witnesses. Whether or not the complainant was subjected to rape by the applicant or whether she was the consenting part in the act of physical relation with the applicant are the subject matter of evidence which is after recording evidence of the prosecution witnesses during the trial. It is defence of the applicant that the complainant was the consenting and since the applicant has already married with the complainant no offence is prima- facie made out against him, which are to be decided only after recording evidence of the witnesses. 12. Considering the facts and circumstances of the case, further in view of the aforesaid law laid down by the Hon'ble Supreme Court, this Court is of the considered opinion that, there is sufficient material in the charge sheet to frame charge and to proceed with the trial against the applicant. Accordingly, I do not find any good ground to interfere with the impugned order passed by the learned trial Court. 13. Accordingly, the criminal revision deserves to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok