JUDGMENT

Goutam Bhaduri, J. - Heard.

2. The present petition is filed by the father and mother of the deceased namely Vijay Kumar Dansena, who was working as Shiksha Karmi Grade-II (Teacher) at Government High School Padhine, Block Patharia, District Bilaspur (C.G.). In this petition, the wife and daughter have also been arrayed as respondents No.8 & 9.

3. The averments of the petition are that:-

(i) the son of the petitioners, who was working as Shiksha Karmi since 1999 was posted at Government High School, while was attending a pre-poll meeting some dispute arose with the SDM and pursuant thereto he was arrested by the police on the instructions of the then SDM, Patharia on 04.04.2009 under Section 151 of Cr.P.C. It is further stated that though the deceased was a government servant his bail was rejected by the Tehsildar and he was sent to Bilaspur Jail on 05.04.2009. The petitioners being parents, they did not get any information of such incident of arrest. Subsequently, having known that their son was arrested, the father of the deceased tried to search out his son and having known the fact that he was taken to Bilaspur Central Jail, he came to enquire about the whereabouts of his son on 08.04.2009 and he reached to the Central Jail. Initially the officials did not disclose the fact of death but subsequently came to know that the dead body of his son was lying at CIMS Hospital. Thereafter, after all the formalities, his dead body was handed over to him and was cremated.

(ii) The averments are that the Additional Collector held a magisterial enquiry and came to the conclusion that the deceased Vijay Kumar Dansena died because of the injury inflicted on him while he was lodged in jail. The FIR was registered of such homicide and enquiry was conducted for the criminal case. The petitioners alleged that because of the fact that the son of the petitioners indulged into the arguments with the then government Officer at Patharia, he was arrested and his bail was canceled without any jurisdiction and he was sent to Central Jail, Bilaspur. The allegations are further that because of argument with officer, subsequently at the instance of the officer, he was brutally beaten inside the jail and jail authorities allowed things to happen whereby he succumbed to injuries. The wife of the deceased and one daughter, they were made the respondents and it is stated that they have left the house of the deceased. The petitioners herein claimed that investigation to be carried out by the High Power Committee or by the Central Bureau of Investigation and thereafter actions were prayed against the erring officers. The reply on behalf of the State was filed & signed by Officer-In-charge namely S.K. Mishra, who was then posted as Jail Superintendent and was incharge of Central Jail, wherein the petitioners' son died and he was the one person against whom too the allegations were made.

4. Learned counsel for the petitioner would submit that because of the fact the deceased entered into argument with the SDM, he was taken into custody initially under Section 151 Cr.P.C. Thereafter neither it was informed to the family members of the deceased nor any opportunity was given to get him released on bail. He would further submit that the detention continued and on 05.04.2009 he was sent to Central Jail, Bilaspur without any information to anyone. He would further submit that since the officers i.e. the SDM was annoyed with the deceased, as such, the deceased when was lodged in jail was brutally beaten at the instance of the jail officers and eventually he succumbed to the injuries. He would further submit that the State initially had filed the return and along with the return magisterial enquiry report was filed and deliberately the conclusion part was omitted and the return by State was signed by the officer-in-charge against whom itself the allegations were leveled he being the Jail Superintendent. He referred to various judgments and submits that the d