IN THE HIGH COURT OF JUDICATURE AT BILASPUR W.P. C NO.Wm?»OF - 2007 / 1 Kashllal s/O Ba Sh'al, aged about— 65 years, R/o. Village Kosmarra, Tahsil- Kurud, Distt.- Dhamtari (C.G.) 2. Subash Mohapatra, Aged about 34 years, S/o. Late Shri Jalandhar Mohapatra R/o. MIG—22, Sahayog Park, Mahaveer Nagar, Ravigra’m P.O,, Raipur, Chhattisgarh — 492001 VERSUS State of Chhattisgarh, Through: The Secretary, Government of Chhattisgarh Department of Home Affairs, DKS Bhawan, Mantralaya, Raipur Chhattisgarh The Director General of Police Government of Chhattisgarh, Raipur, Chhattisgarh The Inspector General of Police, Distt. Dhamtari, Chhattisgarh The Superintendent of Police, District Dhamtari, Chhattisgarh The Station House Officer, Police Station Bhakhara, District Dhamtari, Chhattisgarh RESPONDENTS i , ‘/ 6. Kunj Bihari Nage, then Crime Branch Incharge, District- Dhamtari, Chhattisgarh. /7. Praveen Shukla, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) 8. Virendra Bais, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) /9. Chiraunji Lal Sahu, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) /10. Arvind Netam, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) /11. Chhotelai Sahu, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) [12. Suresh Nand, Officer, Crime Squad, Crime Branch Dhamtari, (C.G.) / 13. Dinu Markandey, Officer, Crime Squad, / Crime Branch Dhamtari, (C.G.) / 14. Executive Magistrate, District Dhamtari (C.G.) 15. State Human Right Commission, Raipur, Chattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITIWRITS‘ ORDERIORDERS, DIRECTIONIDIRECTIONS / H CéURI 6F CHHAT‘E SGAFIH AT B LASPUR WPJii} No. 71 5? of 239? PETiTmNERS Kasmram and another. Ves'sus $iate of Chhatzisarh & others. g RE$§GNQENT$ WRIT PETiTléN UN£3ER ARTICLE 22$ OF THE C$N$WTQ§J§§§ OF ENBEA {Jmsmn Bench hon bie Shn i m QudauSI & Man h'a Qi'y‘g N w Arag..y PreseJ Snn bwrabn bang: counaei far tre petitioners <9” Amrltc Gas F x W *he Sta*e am: d h S urlanaei counzei for respcndema Ne b to .é ORAL {DRDER (Passed on 22““ day ef JuEy, 201 O) Per LM. Quddusi. J. Heard. 2. By this writ petition, the petitioners have prayed fix issuance 0f a wm in the nature of mandamus divesting the concerned authorities to register offences against the guitty pence officers. 3. Beef facts of the case are that in the murder of one Punauram 8am! @ itwari $lo‘Hariai Sahu. resident of Viiiage Kosrnarra, the deceased nameiy $aiikram was required to give evidence by the poiice for which he was contacted by the poiice and wee caiied at the police station. Bhakhara. Thereafter. he was directed to come aiona with his parents on the next day but said Saiikram committed suicide at his residence on 20-01-2007. The Postmortem of the dead body of $aiikram was conducted and no internal or externat injuries were found on his body except the signs of committing suicide by hanging himseif rom the neck. 4. Thorough enquiry was conducted by the Human Rights W— Commission as weit as by the Sub Divisionai Magistrate. Dhamtari but no evidence was found to the effect that act of police abetted deceased to commit suicide. it was found by the Sub Divisional Magistrate} Dhamtari that the two persons namely Santosh $oni, younger brother of the deceased and Jagdish Kumar Kashyap were aiso present in the »\:, i al at f Police Station at the time when $aiikram was interrogated by the Police. Jagdish Kumar Kashyap has made a categorical staiement that Saiikram was interrogated by the poiice and no torture was given to him but the younger brother of the deceased, Santosh Soni made a statement that Saiikram was being beaten by beit by a potice officer. Howeven no externai injury was found in the postmortem. 5. The enquiries by the Human Rights Commission as well as by the .Sub Divisional Magistrate, Dhamtari have been conducted and submitted their reports wherein nothing adverse is found against the police. The petitioner has med this petition which involves the disputed question of facts which cannot be deatt into in this writ petition. 6. in View of the above, since'nothing has been found against the police in both the enquiries and the reasons of the suicide cannot be ascertained, nothing can be said at this stage. Therefore, this Court is not inclined to interfere in the matter. The writ petition is iiabie to be and Kvr . . is hereby dismissed. No order asto costs. l l l Sd/- . Sdl- i LM. Quddusi Judge J N.K. Judge Agarwal