BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AJ‘ a BILASPUR In the 7 Matter ' or ’ w.p.a; ' y ”)5 ’0 /2oos. .P. Singh, son of Late Shri Salik Ram Singh, aged about 53 years';-resident of rQuarter No. lO-F, Street K-C—S Sector 8, ‘ Bhilai, Distt. Durg (Chhattisgarh). PETITIONER VERSUS RESPONDE Q/l. State of Chhattlsgarh through I Secretary, Department of Home D KS Bhawan, Ralpur (Chhattlsgarh). Unlon of Ind? through Secretary, Mlnlstry of Home,“ New Delhl Q Shr1 RS. Thakur, Chief Executive Officer, Tokapal, Jagdalpur, Distt. Bastar (C.G.) ref”Medical Officer, District Hospital, Jagdalpur, Distt. Bastar (Chhattisgarh). Dr. Sawner, Block Medical Officer, Community Health Centre, Tokapal, Distt. Baster, Jagdalpur. Dr. .‘Q Mahobla Assmtant Surgeon Community Health Centre Tokapal, Distt. Bastar Jagdalpur. Dr. Kumaril Rashmi Banjare Ass1stant Surgeon D1stt Health Centre Tokapal Jagdalpur Elstt Bastar Dr Smt Sullochana Tiwari Staff Nurs Commumty 1 Health Centre D1stt. Bastar 1 Jagdalpur. I n / NTS e: 'V I Smt Premlata Yadav, Staff Nlirse, Community Health Centre, Tokapal, ’Di’stt. Bastar, Jagdalpur. Prasanna Rajkumar, ‘Lab Assistant, Community Health Centrc, Tokapal, Distt. Bastar, Jagdalpur. GR. Nag, Store Keeper Community Health Centre, Tokapal, Jagdalpur Distt. NaraVan Dresser, l ‘Community Health Centre, Tokanal, Distt. Bastar, Jagdalpur. Amar Singh Dugge, Dresser, Community/i §\ ‘l Health Centre, Tokapal, Distt. Bast‘ar} i Jagdalpur'. Corinnunity Health Centre, Distt. Basndr, jagdalpnr. i Pramod Dhamdhar, Lower Division Clerk A TOkapaI, PETITION UNDER ARTICLE 226(227 THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN 2 E NATURE OF MANDAMUS, 1 CERTIORARI QUO WARRANTO. " i V 10 H IGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION NO 1650 of 2003 S P Smgh Petitio‘ner k . Versus Respondents State of Chhattisgarh & Others WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA x I ' Present :- Ms. Sunita Jain, Advocate for the petitioner. Shri M P S Bhatia Dy Govt Advocate forthe State Shri Raghvendra Pradhan standmg counsel for the Union of lndla Shri Manoj Paranjpe, Advocate for the respondent No.5t Shri Subh’ash Yadav, Advocate for the respondent No6. (SB Hon ble Mr Satlsh K Agnlhotrl J) ORDER (0RAL)- _ ' (Paséed on 20th day of July, 2010) 1. By this petition, the petitioner seeksi‘a direction to the respondents No.1 & 2 to hand over the case to Central Bureau of Investigation ‘ (CtB.I.) for proper investigation in respect of death of Dr. Neelam. Kumari, Assistant SUrgeon,“CommUnity Health Centre, Tokapal, Jagdalpur District—Bastar. 2. Shri Bhatia learned counsel appearing for the State submits that the Investigation was conducted by Shri Dashrath Decate, Deputy Superintendent of Police (SC/ST) Crime Branch On the basis of enqurry report submitted by the enqu{ y officer the First Information l l Report (FIR) was registered against Smt Sulochana Tiwan Staff l Nurse, Shri GR. Nag, Store Keeper under the provisions of Section ‘ 304 A of the lndian Penal Code (I.P.C.) and further detailed investigation 'was conducted subsequently on the, basis 1'of' “swxg 74 _ investigation report, challan was filed before the Cour't of ChiefJudiciai Magistrate, Jagdalpur being crime No. 94/2003 (Annexure R1/3). In view of foregoing, since the matter is pending consideration/tria before the Court of Chief Judicial Magistrate, learned counse the matter, as the same may influence properconsideration/trial by For the reasons mentioned hereinabove, no relief as sought for by the petitioner can be granted at this stage, as the. petition has become infructuous. However, liberty is reserved to the petitioner to Lmake appropriate application before the Chief Judicial Magistrate for assistance of the Court, under the provisions bf Section 302 of the Code of Criminal Procedure, 1973. Accordingly, thevwrit petition stands disposed of.‘ SW- 1, V 4‘“' r ' >22, i we /"—r Satish K. Agniho‘t'li Judge ' appearing for the State submits that this court may not interfere with g ‘ the Judicial Officeri.e. ChiefJudiciai Magistrate, Jagdalpur; i‘