IH THE HICTrf COURT OF JUDICATUR3 AT BIIASPUR (C.G. ) ireiT PETITION N0. 2fc /O / 2001 petitioner Ku. Harinder Kaur Giil B/o late Harduman Singh Gill aged abbut 34 yaars, R/o Ta-fcibandh Raipur. Distt. Raipur (C.S.) V/s Respondents .•/' : lyvhe state o£ Chha-btisgarh •bhrough fehe Secretary Horae Bspartment Raipur (O.G.) „-..-_J ....-•- M.l-f.'^-^-^} Director General of police. ^::::.':^:^ Oovt. of Chhattisgarh, Raipur. Superintendent of police, Diu-g (C.G.) S'tattan House Offieer, police sfeafeion Bhilai, p.S. Bhilai-3 Distt. Durg (C.G.) WRIT PETITION UNDSR SRTB3LE 226/227 OF 'mE CONSTIOTJTION OF INDIA IN 'ffiE N&TURE OF MANQfUlUS OR ANY OTHER APPRO- PRIATS WRIT, i-HC-22 rs? ?<<FIRP?,'S^TTO, ISBI-.<' .y..:f.-.Ao;...s;j(i...%.Q t:- an^i^i Kt-ii;* sn^r 9h^H ^f^ti STI^F^RiIW^fer '^H^j^i^ ^TFE^ "^ l^'^t'T^i^TT ^ .SBfitPI 3!I^I Sint. Renu Kochar, counsel f(]r the petitioner. Shri Goutaiu Bhaduri, G.A. fcjr the respoadents. By tbis petition, the petitioa^r is praying for holding of aa snquiry regarding the death of b^other of fhe petitioner. The brother of the petitioner 'is said to circuiastances on tbe iiiterveniag ni It is stated by the counsel fcii) tmortem. was done on the bodv ofl Ithereof has not vet been subniitted. ha.ve died in fhe suspicious ;ht of 25th-26th August, 2001. fhe petitioner that the post- the deceased but no report It is prayed by the coun|sel for ftie petitioner tliat |nvestigation regardnig deafh of th^ brofher of ftie petitioner be ^ot done by aii independent agenc^ feav keen uiterest. Counsel for fhe petitionejr further siibniitted fhat as tlie poUce has not taken &etitioner's brother vpas a healthv ^roin aay disease and at fhe time of |ncident he was slept without the inatter was reported to post-m.ortein and after the taking ineal. It is also subnutted >olice and fhe dead bodv was sent nian and was not sufferini thfat Ibr k.. BT IS!1 'lli ;31 li'!l"B"'"'!' n*— l-HC-22 Sil^iqil ftFiTER 311^1 ^tIWHft^ •••f..-' \ T5ET A||l||d<4, 'STTTOT®,T«fc1l'yli,< ^.^^..^^ siii^TCnm^itg qOTferitTciTiRtf •?fe1^ ^re?re ^a.rfiflqa'^^l post-niortcni thc Doctor has not givcn aay dcfuiite opinion regarding cause of deafh, which 4 Couiisel for fhe petitioner A.I.R. 2001 SC 2113 aises to the cffect that ivhere fhc appl^< for investigation and for registerii^g have registered ftie case aa4 investigation into the ina.tter. On the facts as brought outl police •was approached. Autops^ investigation has not vet been dori Takiag iuto consideration couiisel for fhe parties and in fhe| case, fhis Court is of the view t4a.t it would be just and proper and also ia the interest ofjustice the respondents to register the investigated and proper enquir)r death aud the aBesations niade bl «.DtaGout nii ;Ucd on a judgnient reported in has approached the poUce case. The poUce ought to have inade proper on record, it transpires that the was conducted but tlie proper the subinission inade facts aild circuiustaiices of to issue a siutable 'direction to case and get tlie saiife duly }e niade regardiag fhe cause of the petitioaer, by a responsible officer not below the raiik of Dep^it}7 Superintendent of PoUce, to [^^B^ Wi- ilK ^^^ w ^^S^^^ :^^^^^^SBS XI-HE:-22- sn^r^ WM sn^t 5h^( ^fi-d ' , "^s^ysss I^^^J^® 'T^-'ll'iltd^, »'ni'Mti®^Ie«""'«'i<. 3Tit?r T^ra; __...M.^./do;..2^5fi :3K& WWW^NIch 200; sn^i'stgiwaft^ bc dcputed by C.I.D. The iD.vcstigs|ti report shall be subnutted as early^ nionths froni the date of productioja A copy of the iuvestigatio4 Iiispector-General concemed aud this Court. :s|tion shallbc conducted and the as possible preferably wittun 2 ofcertified copy offhis order. report shaU be subinitted to ^dditional Registrar (Judicial) of Counsel for fhe petitioner a^so prays fhat duriug ttie period of enqiiiry due security niay be prjsvided to the petitioner aud his family luenibers. The Superintendent of Polif fhat due security be provided t< inenibers. Subject to th.e observauons petition stands disposed of. +Wf<-l'!i1-1 MWciI'^fe^ttfsRZR •^ SlfiaH 3!R^[ •e would look into the matter fhe petitioner and his family ^nd directions made above, this ^—^' Sd/- Fakhruddin Judge