1 CGHC010370402026 2026:CGHC:42337-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2547 of 2026 Pooja Tiwari D/o Madan Kumar Tiwari, W/o Abhishek Sharma Aged About 40 Years R/o Shanti Bhawan, Navki Road/ Mod, Police Station And Tehsil Rajpur, District Balrampur Chhattisgarh Presently R/o Mahamaya Park Colony, Mangla Chowk, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kamleshwarpur, District – Surguja, Chhattisgarh. 2 - XYZ S/o ABC ... Respondents For Petitioner : Mr. Shalvik Tiwari, Advocate. For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer. DB: Hon'ble Shri Justice Narendra Kumar Vyas & Hon’ble Shri Justice Sudhir Kumar Order on Board 29.09.2026 Per Narendra Kumar Vyas, J 1. The petitioner has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), being aggrieved by the First Information Report (FIR) bearing Crime No. 29/2023 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 registered at Police Station – Kamleshwarpur, District – Surguja (C.G.) on 08.05.2023, as well as the charge-sheet filed before the learned Judicial Magistrate First Class, Sitapur, District – Surguja (C.G.), for commission of offence under Sections 75 and 79 of the Juvenile Justice Act, and Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and the entire proceedings arising therefrom. 2. The case of the prosecution is that the victim’s father lodged the complaint before the Police Station alleging that 13 months ago from the date of filing of the FIR, the petitioner along with two other accused namely Pratima Tiwari and Prashant Tiwari have taken his minor girl who is aged about nine years old by alluring him that they will look after to provide education to her. It is further alleged that when they taken the girl, they used to ask her to do their domestic work like utensil cleaning and sweeping at a hotel and also cleaning the washrooms of the school being run by the accused persons. It is further alleged that the complainant tried to take his child back and rescued her daughter. Thereafter, on the basis of the complaint, the Police lodged the FIR and conducted the investigation and after investigation, the charge-sheet was submitted before the learned Magistrate concerned. Thereafter, the learned Magistrate framed the charges against the petitioner and other co-accused for commission of offence under Sections 75 and 79 of the Juvenile Justice Act, and Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. 3. Learned counsel for the petitioner would submit that the petitioner is working a a Supervisor in the Department of Women and Child 3 Development, District – Janjgir-Champa, and she has no roll to play in the commission of offence in any school or hotel run by the other two accused persons, and the petitioner happens to be a Government Servant. He would further submitted on the date of alleged occurrence i.e. 17.06.2022, the petitioner marriage was solemnized on 16.06.2022 and it cannot be said that the petitioner was involved in any of the commission of the offence and would pray that for quashing of the FIR, charge-sheet, as well as the entire proceedings arising therefrom. Thus, he would submits that there is no material evidence against the petitioner to show her involvement in the crime in question, and he prays for quashing of the entire proceedings initiated against her. 4. On the other hand, learned State counsel would oppose the submissions made by learned counsel for the petitioner and submit that the complainant, in her statement recorded under Section 164 of the CrPC, has specifically alleged the involvement of the present petitioner. He would further submit that the allegations against the petitioner attract the provisions of Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides the punishment for cruelty to child to whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be liable for punishment in accordance with law. Thus, he would submit that sufficient material and evidence have been collected against the petitioner, prima facie indicating her involvement in the 4 crime in question. Therefore, he prays for dismissal of the present CRMP. 5. We have heard learned counsel for the parties and perused the record. 6. Having heard the submissions advanced by learned counsel for the parties and considering the fact that the plea of the petitioner that the petitioner’s marriage was solemnized on 16.06.2022 and the alleged occurrence took place on 17.06.2022, as such she cannot be involved in the crime in question in any manner, are matters relating to the defence of the accused and involve disputed questions of fact and evidence, which cannot be adjudicated upon by this Court while exercising jurisdiction under Section 528 of the BNSS, we are of the considered view that the same are required to be adjudicated during the course of trial before the learned trial Court, as this Court cannot conduct a fishing inquiry into the correctness or otherwise of the evidence and material placed before the learned trial Court along with the charge-sheet. 7. In view of the foregoing, we are of the considered opinion that the present petition does not call for interference at this stage. However, petitioner is at liberty to raise all the aforesaid pleas as well as all other available grounds, before the learned trial Court. It is needless to say that the learned trial Court shall consider and decide the same on it’s own merits, in accordance with law. 8. With the aforesaid directions and liberty, the present CRMP stands disposed of. 5 9. Let a certified copy of this order be sent to the Magistrate concerned for necessary information and compliance, forthwith. Sd/- Sd/- (Narendra Kumar Vyas) Judge (Sudhir Kumar) Judge Rajshekhar