IN m HIGH WURT OF JUDICA‘I‘URE OF CHHATTlwkRR AT BIIASPUR W.P.No..53 Oi 2902 WRIT PETITIQN UNDER ARTICIS 226 OF THE WESTITUTION - -—--..-----—- u- —- _--— OF INDIA E2E$§£§E$E§ : 1. menéra Mar Sana; s/a; fate Shrj. Harm Das Saluja aged about 55 years resident of High mutt Roaa (Gandhi Putla) Bilaspur Tahsil 5: Distt.311asput (C.G.). 2. Vinny Saluja s/e. shri Mahendra mmar saluja ‘1 aged about 32 years . resident af High Gourt Raad (Gamhi Putla), Bilaspur Tahsu s: Distt.311aspur (c.G.) Versus :1. State of Qmattisgarh Acting threugh - Seeretary Home Department Gavernnent 9f Qahattisgarh Sachivalaya, Raipur $2.6.) superintendent @f Paliee :Distxfieg Korba . (C.G. ). City mperintendentof Pouud city Kctwali. 'Kerba (G.G. ). x4 € aaiiiaets-In-marge MCity Kotwali Paliee $tatian g l cxcarbahlDist-t. Kerb: (939.) §£§39£§§§§§ v) lug-marge , ‘rr’aampur Pauce Qwwki Paliee ‘§tat;an Cigy Kotwali orba (as mntd . . P-Z ‘ Vx Eowwgew:wHamU IIIIIII Q5: mow Hmmawzam ow. .. "lllI-'IIII 26% wow gumqwwaacz ow omwmznm Kl\\\.l WRIT PETITION NO. 15$ OF 2002 Mahe’ndra Kumar Saluja 85 another ~Veus— State 9f Chhattisgal‘h 87, others ‘ O R D E R post fori’LEAQOOQ. sui- Fakhruddin Jue 3..2002 24 rs dg WRIT PETITION NO. 153 OF 2002 Mallendra Kumar Saluja 61, another ~Versus— State of Chhattisgarh & others Petitionérs by Shri K.A.Ansari , Advocate‘ Respondent ~State by Shri Gautam Bhaduri, Govt. Advocate. Shri C.P.Bhatt, Station House Officer, Kotwali, Korba‘ is also present. BV Justice Fakhrudd'm. ORDER Learned counsel for the petitioner submits that one Ritu, daughter of petitioner No.1 and sister of petitioner No.2 died on 26.10.2001 under suspicious CirCLunstances. A report has been lodged to the police but due to inaction on the part of the police officers the investigation has not yet been completed and the culprits are enjoying liberty. Learned counsel for the State submitted that a perusal of the diary shows that from January 2002 to March 2002 investigation was practically not 4 3. done at all. The Station House Officer pressnt in thC Court was questioned about it. He submitted that earlier Shri P.C.Sonker was the S.H.O. posted at Kotwali, Korba. He submits that it is for him to explain. So far as he is concerned, he has taken the charge on 8.3.2002 and he also has not been able to look in this case. The alleged offence against the applicant is regarding killing of his own Wife. It is stated that on 26. 10.2001 at about 9. 15 am. the information was received by the petitioner No.1 on telephone that Ritu has just died because of the electrical shock which she received at 7.00 am, The petitioners along With other family members reached Korba on the same day at about 2.00 pm. Annexure P/6 is copy of the report dt. 26.10.2001, which has been lodged by Vinay Saluja— Petitioner No.2. He also submitted a written report (Annexure P/7) to the Superintendent of Police, Korba on 29.10.2001 as also an application (Annexure P/8) to the Inspector General of Police, Bilaspur Range. 4. \ The investigation of the case for the offence as alleged, requires that it should be done seriously and expeditiously. Section 174 of the Code of Criminal Procedure has been amended it is pertinent to quote that section: “l 74. Police to‘ enquire and report on suicide,etc.-(I) when the ojficer incharge of a police station or p some other police officer specially \ \ empowered by the State Government. in that behalf receives information that a person has committed suicide or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed'an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests and, unless ' otherwise directed by any" rule prescribed by» the State Government or by any general or special order of the District or Sub- Divisional Magistrate, shall proceed to the place where” the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be foun on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted: g " (2) The report shall be signed by such police omcer and other persons, or by, so manyvf them as concur therein, and shall be forthwith forwarded to the V District Magistrate or the Sub DivisionalMa‘gtstrate. (3) When —~ (i) the case involves suicide by a woman within seven years of her marriage; or . (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some“ other person committed an ohence in relation to such woman; or ‘ - ‘ ' (iii) the case relates to the death of a woman within seven years/of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or i (v) the police Officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in’this behalf; forward the body, with a view to its being examined, to the ‘ nearest Civil « SurgeOn, or‘ other qualified medical man appointed in this behalf by the State Government; if. the state of the weather and the' distance admit of its being so forwarded without risk , of such putrefaction on the road as would render i gee/\sch eamiti les \ , d x u xnaon uses. Principal Secretary, Home to examine and submit a report to th Registrar General of thiS Cout within +WL a monthifrom toy. With the above observations this petition is disposed f finally. Parties are entitled to certified copy. copy of this A e r da o order be suppliew the State Counsel. k _._f Sdl- 1 Fakhruddin Judge