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Chattisgarh High Court
Francisca Beck vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12591-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 765 of 2026
1 - Francisca Beck S/o Late Agustin Beck Aged About 62 Years R/o
Near Namnakala Power House Police Station Gandhinagar District-
Surguja Chhattisgarh
2 - Deep Prabha Toppo W/o Asim Toppo Aged About 38 Years R/o Near
Namnakala Power House Police Station- Gandhinagar District- Surguja
Chhattisgarh
... Petitioners
versus
State of Chhattisgarh Through Station House Office Police Station
Gandhinagar District Surguja Chhattisgarh
... Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Sanjay Pathak, Advocate
For Respondent-State : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
ANURADHA
Date:
TIWARI 2026.03.18
10:34:23 17.03.2026
+0530
1. Heard Mr. Sanjay Pathak, learned counsel for the petitioners as
well as Mr. Sourabh Sahu, learned Panel Lawyer appearing for
the State/respondent.
2. The petitioner has filed this petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS,
2023') praying for following relief(s) :-
"a) That this Hon'ble Court may kindly be
pleased to quash and set aside Chargesheet
bearing No. 358/2025 dated 16.09.2025 filed
by the Police of Police Station Gandhinagar,
Ambikapur, District Surguja, Chhattisgarh, in
Crime No. 155/2025, to the extent it relates to
the present petitioners;
b) That this Hon'ble Court may kindly be
pleased to quash and set aside the order dated
02.02.2026 passed by the learned Seventh
Additional Sessions Judge, Ambikapur, District
Surguja, Chhattisgarh, whereby the application
under Section 250 of the BNSS, 2023 preferred
by the present petitioners seeking discharge
was rejected;
c) That this Hon'ble Court may kindly be
pleased to quash and set aside the order dated
05.02.2026 passed by the learned Seventh
Additional Sessions Judge, Ambikapur, District
Surguja, Chhattisgarh, whereby charges under
Sections 108 and 3(5) of the BNS, 2023 have
been framed against the present petitioners in
connection with Crime No. 155/2025.
d) That this Hon'ble Court may kindly be
pleased to Discharge the petitioners from the
offences under Sections 108 and 3(5) of the
BNS, 2023 in the aforesaid case pending
before the learned Seventh Additional Sessions
Judge, Ambikapur, District Surguja,
Chhattisgarh;
e) That this Hon'ble Court may kindly be
pleased to pass any other order(s) as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, in the
interest of justice."
3. The present case arises out of Crime No. 155/2025 registered at
Police Station Gandhinagar, Ambikapur, District Surguja
(Chhattisgarh), initially on the basis of Merg No. 11/2025. An FIR
dated 04.03.2025 came to be registered under Section 108 of the
BNS against one Akash Aldeep Beck, wherein the names of the
present petitioners were not mentioned.
4. As per the prosecution case, on 02.02.2025, the deceased,
Varsha Kujur, allegedly committed suicide by hanging herself at
her matrimonial home situated at Namnakala Power House,
Ambikapur. Upon noticing the incident, her husband, Akash
Aldeep Beck, brought her down and took her to Mission Hospital,
Ambikapur, where she was declared dead. Subsequently, a merg
intimation was recorded, inquest (Panchanama) proceedings
were conducted, and post-mortem examination was carried out at
Medical College Hospital, Ambikapur.
5. During the course of investigation under Section 194 of the BNSS,
statements of the family members of the deceased and other
witnesses were recorded. On the basis of the statements of the
maternal family members and other material collected, the
investigating agency formed an opinion that the deceased had
committed suicide due to alleged harassment by her husband.
Consequently, apart from the husband, the present petitioners,
namely the mother-in-law and sister-in-law of the deceased, were
also implicated and arrayed as accused persons, and a charge
sheet bearing No. 358/2025 was filed on 16.09.2025 before the
competent Court.
6. Aggrieved by their implication, the petitioners preferred an
application under Section 250 of the BNSS, 2023 seeking
discharge; however, the same was rejected by the learned
Seventh Additional Sessions Judge, Ambikapur, vide order dated
02.02.2026. Thereafter, charges under Sections 108 and 3(5) of
the BNS, 2023 were framed against the petitioners by order dated
05.02.2026.
7. Learned counsel for the petitioners submits that the impugned
orders passed by the learned Trial Court are wholly unsustainable
in law and on facts. It is contended that even as per the
prosecution story, the unfortunate death of the deceased occurred
on account of her suspicion regarding the alleged relationship of
her husband with another woman, and there is not even a whisper
of allegation attributing any act of instigation, intentional aid, or
active participation to the present petitioners so as to constitute an
offence of abetment. It is further submitted that petitioner No.1,
Francisca Beck, was not even present at the place of occurrence,
as she had gone to her maternal home in the State of Jharkhand
about one month prior to the incident. Similarly, petitioner No.2,
Deep Prabha Toppo, was residing at her matrimonial home and
had travelled to Bhilai prior to the incident, and her return journey
to Ambikapur commenced only after receiving information of the
incident, which is duly corroborated by documentary evidence
including travel and toll records. Thus, their absence from the
place of occurrence clearly demolishes the very foundation of the
prosecution case insofar as the present petitioners are concerned.
8. Learned counsel further submits that the marriage between the
deceased and her husband was a love marriage later formalized
socially, and both parties belong to the Scheduled Tribe (Uraon)
community, where the practice of dowry is unknown. On the
contrary, the customary practice of the community requires the
groom's side to bear certain expenses and provide customary
articles to the bride's family, which stands duly established by the
written document executed in the presence of Panchas. Hence,
the allegation of dowry demand is inherently improbable and
baseless. It is also contended that the deceased was residing
separately from the present petitioners, and no specific allegation
of cruelty or harassment has been attributed to them. The
statements recorded during investigation are vague, omnibus, and
devoid of any particulars such as date, time, or specific overt act.
Moreover, during her lifetime, the deceased never lodged any
complaint against the present petitioners before any authority or
even before the community Panchayat, which clearly indicates
absence of any continuous harassment.
9. Learned counsel submits that the entire prosecution case against
the petitioners is based on interested statements of the relatives
of the deceased, without any independent corroboration. No
independent witness has supported the allegations, thereby
rendering the prosecution case doubtful and the investigation one-
sided. It is further submitted that the material on record would
reveal that the deceased was having frequent disputes with her
husband on account of suspicion and had herself engaged in
quarrels, and even assaulted him on one occasion, which
indicates that the present case is a result of matrimonial discord
between the husband and wife, for which the petitioners have
been falsely implicated.
10. Learned counsel emphatically submits that the essential
ingredients of abetment, namely instigation, intentional aid, or
active participation, are completely absent in the present case,
and mere relationship with the husband cannot give rise to
criminal liability under Section 108 of the BNS, 2023. In absence
of any prima facie material, continuation of criminal proceedings
against the petitioners amounts to abuse of the process of law. It
is also contended that the learned Trial Court has failed to
appreciate the settled legal position that at the stage of
consideration of discharge under Section 250 of the BNSS, 2023,
the Court is required to examine whether the material on record,
taken at its face value, discloses the essential ingredients of the
alleged offence. In the present case, despite complete absence of
such material, the application for discharge has been rejected in a
mechanical manner without proper application of mind.
11. Learned counsel further submits that the impugned order dated
02.02.2026 rejecting the discharge application is cryptic and non-
speaking, and does not deal with the specific contentions raised
by the petitioners, particularly regarding their absence from the
place of occurrence and lack of any overt act. It is lastly submitted
that while framing charges vide order dated 05.02.2026, the
learned Court below has failed to record any prima facie
satisfaction regarding the existence of the essential ingredients of
the offences alleged, and has proceeded in a routine and
mechanical manner. It is further submitted that the present
petitioners have already been enlarged on bail by this Hon'ble
Court, and they have been cooperating with the investigation and
trial proceedings. This fact further reflects that their custodial
interrogation was not required and there is no material
necessitating their continued prosecution.
12. Lastly, learned counsel submits that the allegations being general
and omnibus in nature, and there being no material to connect the
petitioners with the alleged offence, the continuation of the
proceedings pursuant to the impugned orders is nothing but an
abuse of the process of law, warranting interference by this
Hon'ble Court in exercise of its jurisdiction under Section 528 of
the BNSS, 2023.
13. On the other hand, learned counsel for the State submits that the
material collected during the course of investigation, including the
statements of the family members of the deceased, clearly
discloses that the deceased was subjected to continuous
harassment in her matrimonial home, which ultimately drove her
to commit suicide. The role of the present petitioners has also
surfaced during investigation, and their complicity cannot be ruled
out at this stage. It is further submitted that at the stage of
consideration of discharge and framing of charge, the Court is not
required to conduct a meticulous appreciation of evidence or
evaluate its probative value. If the material on record discloses a
prima facie case, the Court is justified in proceeding against the
accused. In the present case, the statements of the witnesses and
surrounding circumstances prima facie indicate involvement of the
petitioners, and therefore, the learned Trial Court has rightly
rejected the application for discharge and framed charges against
them.
14. Learned State counsel also submits that the pleas taken by the
petitioners, including their alleged absence from the place of
occurrence and other factual defences, are matters of evidence
which can be examined only during trial. At this stage, such
disputed questions of fact cannot be adjudicated in proceedings
under Section 528 of the BNSS, 2023. Hence, no interference is
warranted with the impugned orders.
15. We have heard learned counsel appearing for the parties and
perused the documents annexed with the present petition.
16. From perusal of the charge-sheet, it transpires that the deceased,
Varsha Kujur, committed suicide by hanging in her matrimonial
home on 02.02.2025, and upon completion of merg proceedings,
inquest, and post-mortem, the matter was investigated in detail by
the concerned police authorities. During the course of
investigation, statements of the parents, sister, brother, and other
relatives of the deceased from her maternal side were recorded,
and the spot of occurrence was duly inspected. The investigating
agency, on the basis of such statements and other circumstantial
material, formed an opinion that the deceased was subjected to
harassment in her matrimonial home, which led her to take the
extreme step. Consequently, apart from the husband, the present
petitioners, namely the mother-in-law and sister-in-law, were also
implicated, and after completion of investigation, Charge-sheet
No. 358/2025 dated 16.09.2025 was filed against all the accused
persons.
17. It further transpires that the accused persons, including the
present petitioners, were granted anticipatory bail by the
competent courts and were thereafter formally arrested and
released on bail upon furnishing the requisite bonds. The charge-
sheet discloses that the allegations against the accused persons
are founded upon the statements of the close relatives of the
deceased and other materials collected during investigation,
which, at this stage, prima facie indicate involvement of the
accused persons in the commission of the alleged offence.
18. At this juncture, it is well settled that while exercising jurisdiction
under Section 528 of the BNSS, 2023, this Court does not sit as a
Court of appeal to re-appreciate the evidence collected during
investigation or to adjudicate upon the veracity and reliability of
the statements recorded by the investigating agency. The scope
of interference at this stage is extremely limited. The Court is only
required to examine whether, on a plain reading of the charge-
sheet and the material accompanying it, the basic ingredients of
the alleged offences are disclosed. A meticulous evaluation of
evidence, appreciation of contradictions, or determination of the
probative value of statements is impermissible at this stage. If the
material, taken at its face value, gives rise to a strong suspicion
regarding the involvement of the accused, the Court would be
justified in allowing the prosecution to proceed.
19. It is equally settled that the defences sought to be raised by the
accused, including pleas relating to absence from the place of
occurrence, separate residence, or alleged falsity of the
accusations, are essentially disputed questions of fact which
cannot be adjudicated in proceedings under Section 528 of the
BNSS, 2023. Such issues necessarily require leading of evidence,
cross-examination of witnesses, and a full-fledged trial. Premature
evaluation of such defences at this stage would amount to stifling
a legitimate prosecution and is, therefore, legally impermissible.
20. In the present case, upon perusal of the charge-sheet and the
statements of the witnesses, particularly the family members of
the deceased, it emerges that specific allegations have been
made regarding harassment in the matrimonial home, which is
stated to have driven the deceased to commit suicide. The
investigating agency, after due enquiry, has found sufficient
material to array the present petitioners as accused persons. At
this stage, it cannot be said that the allegations are so inherently
improbable or absurd that no prudent person could reach a
conclusion regarding the involvement of the petitioners.
21. The learned Trial Court, while considering the application for
discharge under Section 250 of the BNSS, 2023, has rightly
confined itself to the material available on record and has come to
the conclusion that a prima facie case exists against the
petitioners. Similarly, at the stage of framing of charge, the Court
is only required to record a satisfaction that there is ground for
presuming that the accused has committed the offence, which is a
much lower threshold than proof beyond reasonable doubt. The
orders impugned do not suffer from any jurisdictional error,
perversity, or non-application of mind so as to warrant interference
by this Court.
22. In view of the aforesaid legal position and the material available
on record, this Court is of the considered opinion that the present
case does not fall within the exceptional categories warranting
exercise of inherent powers for quashing of proceedings.
Interference at this stage would amount to pre-empting a
legitimate trial.
23. Accordingly, finding no merit in the petition, the same is hereby
dismissed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Anu
