2^3-0 CSR'!*>1 THE HIGH COURT OF JUDICATURE CHHATTCS6ARH AT BILASPUR W.P. (Cr.) N0. ^^ / 2011 PETETCONERS ^' JJ\CJ 1. Smt. Kantj Devi Sahu, wife of Shri Chand Ram Sahu, aged about 43 years, mother of ^' ^ rV A deceased, A^/^ ff /^ . 2. Chand Ram Sahu son of late /y ..••'' Heera Ram Sahu, aged about 50 /^^ .&'f ^ €- years, Father of deceased. 6dti-v ^|o ^-No-773/A[^c--3. BA L CO Ma^aA, KcrlACC- l(3l .) - ' 1. State of :.s. Raipur (C.G. 2, 3. ^ 5.1 ^ ur (C.6.), 5. • (C.G.), Kota, 5.), . ?er, i.:iit]hilfctiiii^llll ^^,,-^.- Arya Samaj Mandir Raipur, Baijnathpara Raipur, District Raipur (C.6.), 6. Chandrashekhar Sahu son of late Harnarayan Sahu, aged about 26 years (hushand of deceased), R/o. Village Dhourabhata, P.S. Kota, District Bilaspur (C.6.), V' 7. Ayodhya PrasadSahu, son of late Lal Ji Sahu, aged about 42 years, R/o. Village Saktipara, Ganiyari, Tahsil Kota, District Bilaspur (C.G.), / _ : 8." Smt. Kushumbai Sahu wife of Vijay Narayan Sahu, aged 40 years, R/o. Village Dhourabhata, P.5. Kota, District Bilaspur (C.6.). 9. Vinod Sahu son of Janak Ram Sahu, aged about 35 years, Near Sector-4, Chhopdi, Balco Nagar, Korba, District Korba (C.G.), 10. binesh Sahu, son of Jawahar Sahu, aged about 28 years, R/o. Ajanta Watch Centre, Near- the Bus Stand, Banki Mogra, Distt. - Korba (C.6.), ^ 11. Smt. Uma Sahu, wife of late Harnarayan Sahu, aged about 26 years(hushand of deceased), R/o. Village Dhourabhata, P.S. Kota, District Bitaspur (C.6.). 12. Raju © Mahendra Sahu son of late Harnarayan Sahu, aged about 28 years, R/o. Village Dhourabhata, P.S. Kota, Oistrict Bilaspur (C.G.), 13. The Senior Superintendent of Poiice [S.S.P.] Korba, District Korba (C.6.), ^^.SKss^., ^s^'y^. °B<~n " --[;,',^ /:s>'^' " •<%• 2. WRIT PETCTCON UNbER ARTECLE 226 OF THE CONSTETUTCON OF INDIA FOIL^SSUANCE^2F WRITE IN NATURE OF\AMUS. CERTCORARI ZROHABITAION. etc. AND / OR FOR ORDER AND / OR DIECTCON / NRECTCONS IN NATURE OF PARTECULARS OF THE PETETCONERSl As per cause title. PARTCCULARS OF THE RESPONDENTS: As per cause title. gARTICULARS OF THE E / WHICH THE PETITION 15 BEIN6 FILED 3T[^W?? f?;n??'3:n^t a-.ii'b'gfttt •S^ •^Mlvl^, »Til'y<is, faciw.y ^^ _^f.C?.^..r^....^.s.M.l^_' *11<<CTI «)titcj) ~ f ^^ 311^1 ^Rf^R •(rf??T c|r)1A(f<rt<n'l 'WRff^ fe<ft <f^3T< ^Slpgq 3)1^1 SB : Hon'bte Shn Manfndra IW<ihan Shrivastava, J. respohdent 31-01-2011 -Shri Vijay K. Deshmukh, Shri Arvind Dubey, Panef 4&13. Heard. This petition has been direction to the respondents' No.| further direction to handover th^ also to issue direction to respondents No.6 to 13. From the pleadings whichj that the daughter of the pe1ji circumstanoes. Postmortem petition has been filed, offenoe| been registered agajnst husban^ Learned counsel for the| under Section 302 of I.P.C. registered any offence agains^ involved in the commission of manner in which the police is] satisfactory and it does not According to learned Seotion 302 ofthe I.P.C. has atti of the deceased-Manjula Sahu. the letter dated 12-11-2010 c|ounsel for the petitioners. Lawyer for the State/respondents No.1 to flled by the petitioners for issuanoe of 2 to 4 not to investigate the matter and for case to CBI for denovo investigation and No.2 to give polioe protection from waR have been made in the petition, it is found iljitioners was found dead in suspicious conducted and on the date when this under Section 302 of I.P.C. has already of the deceased. [petitionere submitted that though offence Ijias been registered, the Police has not other persons, who are alleged to be cjffenoe, so far. He further submits that the proceeding with the matter, is not quite impartial investigation. for the petitioners, offence under |eady been registered against the husband fThe petitionere have also placed on record j)f the Police Headquarter, Chhattisgarh reflett fair and citunsei [^^5-i! -XI-BC-22 sn^i^ii 'Tg'iRTsn^i ?irtl •ffiifl Tumafis ?ST ^||<l|ldt|, ^til^'l^, («<MI'My .w..'.?.\..&).^.:.^^.'2^1 1TO?iT »Ni<*'"""""" """""""""""^ -3e8' sn^i'S^R'IW: ^to t- ch(^''<l'? T ?if ^ fel<Ti <f^t^g.i< '^art^pian^t addressed to the Superintendeni and report compliance in sev^n days. The Superintendent of Police, Bilaspur vide letter dated 31-12-^ t of Police, Bilaspur to take proper action 010 has directed the S.D.O.(Police), Kota to provide necessary information) From the pleadings and i|;ircumstances which have been stated in the petition and the documents ^vhich have been placed on record, at the present stage, it would be too e^rlyto saythat proper investigation is not being made partksularly when offenoe under Seotun 302 ofthe I.P.C. has already been registered. Therefo('e, 1 am not inclined to issue any direction as prayed for, in so far as haifding over the investigation to any other agency including CBI is concenfied. However, the petitioner would be at libertyto invoke the jurisdiotion o|Fthis Court, ifthere is undue delay in filing charge sheet or if any new circui far as granting protection to the at liberty to approach the conc^ report with regard to apprehenl ^istances arise warranting such action. As Ipetitionera' are concemed, they would be |rned police officera by lodging a specific sion of threat to life and liberty by any person. The Police shall act pror|iptly to ensure protection of Ijfe and liberty of the petitioners. With the aforesaid observ^tions, the petition is finally disposed off. Sd/- Manindra MohanShrivastava Judge