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2026 DAILYLAW 19762 (CHH)

ABHILASH KURREY v. STATE OF CHHATTISGARH

CRMP/1336/2026 · 2026-05-12

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:22490-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1336 of 2026 Abhilash Kurrey S/o Saukhilal Aged About 31 Years R/o Omnagar, Jarhabhatha, Police Station Civil Lines, District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Home Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District- Raipur (C.G.) 2 - Superintendent Of Police, Raipur, District- Raipur (C.G.) 3 - Station House Officer, Police Station Sirgitti, District- Bilaspur (C.G.) 4 - X Y Z Nil ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Sumit Singh Rathore, Advocate For Respondents/State : Mr. Ashish Shukla, Addl. A.G. Hon'ble S hri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 13/05/2026 1. Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents/State. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.05.15 10:54:45 +0530 2 2. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the petitioner seeking quashment of charge-sheet No. 480/2025 filed on 13.11.2025 as well as the order- sheet dated 22.01.2026 passed by the learned Sessions Judge, Bilaspur in Sessions Trial No. 35/2026 (State of Chhattisgarh Vs. Abhilash Kurrey), arising out of Crime No. 499/2025 registered at Police Station Sirgitti for the offences punishable under Sections 69, 115(2), 351(2), 296 and 308 of the Bharatiya Nyaya Sanhita, 2023. 3. The petitioner has filed the present Criminal Miscellaneous Petition with the following relief: “It is, therefore, prayed that, this Hon’ble Court may kindly be pleased to quash the impugned chargesheet No. 480/2025 filed on 13-11-2025 along with the order sheet dated 22-01-2026 passed by the Learned Sessions Judge, Bilaspur, District Bilaspur (C.G) in Sessions Trial No. 35/2026 (State of CG Vs Abhilash Kurrey) arising out of the Crime/FIR No. 499/2026 registered before the Police Station Sirgitti, District Bilaspur (C.G) on 17-09-2025, in the interest of justice.” 4. As per the case of the prosecution, the petitioner and respondent No.4 came in contact with each other through Facebook in the year 2018 and thereafter they developed friendship and used to meet at different places. It is alleged that on 23.04.2024, the petitioner called respondent No.4 to Bilaspur and took her to his friend’s house near New Bus Stand, where on the promise of marriage he committed sexual intercourse with her. It is further alleged that on 18.05.2025, the 3 petitioner again called her to a hotel situated at Tifra and established physical relations with her and subsequently refused to marry her while suppressing the fact of his earlier marriage. On the basis of the written complaint lodged by respondent No.4, Crime No. 499/2025 was registered at Police Station Sirgitti for the offences punishable under Sections 69, 115(2), 351(2), 296 and 308 of the Bharatiya Nyaya Sanhita, 2023, investigation was conducted and thereafter charge-sheet came to be filed against the petitioner. 5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He submits that the petitioner was already a married person and the respondent No.4 was fully aware about his marital status from the very beginning of their acquaintance. It is further submitted that respondent No.4 used to frequently call the petitioner and later started blackmailing him and demanding money from him, and when the petitioner refused to fulfill such demands, a false report has been lodged against him with concocted allegations. He would further submit that no offence as alleged is made out against the petitioner and continuation of the criminal proceedings would amount to abuse of process of law. 6. Learned State counsel, opposing the petition, submits that specific allegations have been leveled in the written complaint against the petitioner regarding establishment of physical relationship with the prosecutrix on the pretext of marriage despite the fact that he was already a married person. He further submits that after due investigation, sufficient material has been collected by the prosecution 4 and charge-sheet has already been filed before the competent Court. Therefore, the matter requires appreciation of evidence during trial and no case for interference under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is made out. 7. Having heard learned counsel for the parties and having perused the material available on record, this Court is of the opinion that the FIR and charge-sheet disclose prima facie commission of cognizable offences against the petitioner. The defence raised by the petitioner relating to alleged blackmailing and false implication involves disputed questions of fact, which cannot be examined in exercise of inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since charge-sheet has already been filed after due investigation and sufficient material is available for proceeding with the trial, this Court is not inclined to interfere in the matter. 8. Accordingly, the petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved