IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J.
Savitri Dwivedi, W/o Shri K.V. Dwivedi - Petitioner
Versus
State of Chhattisgarh, through the Home Secretary, Raipur, District- Raipur (C.G.) - Respondents
WPCR No. 176 of 2014
Decided on : 07-09-2021
INDIAN PENAL CODE, 1860 - Sections 341, 294, 323, 506-B/34 – Offence of Wrongful restraint – Voluntarily causing hurt – Criminal intimidation – Act done by several persons – Charged - Projected by petitioner, are that she is an old lady and house wife residing - At around 9-10 p.m. petitioner's elder son- and his friend- had gone to Hospital to see one of their friends who was admitted in hospital - Her younger son- received a call from his sister-in-law- informing him that his elder brother's mobile is not connected and requested him to go and check whereabouts - It is submitted that on seeing this, both sons were shocked and objected for such an inhuman behaviour of police officers with their elder brother, on which police officers/ private respondents became furious and started beating two sons of petitioner ruthlessly as well - Whether in given facts and circumstances of case this Court can direct for enquiry by CBI or not ? - Held, Court would like to add that whether allegations in complaint are otherwise correct or not, has to be decided on basis of evidence to be led during course of trial - No case is made out for transferring the matter to CBI and even petitioner's son, who has not challenged registration of FIR, is not maintainable on 6 AIR 2021 Supreme Court 1531 strength of petition filed by petitioner, who is not an accused in crime - Even otherwise, as per averments, matter requires detailed thread-bearing examination of evidence that can be done by trial Court, therefore, present writ petition is liable to be dismissed - Present writ petition is liable to be and is hereby dismissed.
Order :
1. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking following reliefs:-
(ii) This Hon'ble Court may kindly be pleased to quash the FIR registered at Crime No. 429/2014 against the petitioner's son and his friend.
(iii) That the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the protection to the petitioner and her family and may kindly direct the State to grant compensation to the victims.
(iv) Any other relief which this Hon'ble Court deems fit in the facts and circumstances may also be granted in favour of the petitioner.
2. The facts as projected by the petitioner, are that she is an old lady and house wife residing at Raipur. On 19.10.2014, at around 9-10 p.m. petitioner's elder son- Ashok Dwivedi and his friend- Agyey Datt Mishra had gone to Ramkrishna Hospital to see one of their friends who was admitted in hospital. Her younger son- Abhishek received a call from his sister-in-law- Suresha Dwivedi (who is working as Deputy Superintendent of Police) informing him that his elder brother's mobile is not connected and requested him to go and check whereabouts near Telibandha Police Station. Petitioner's two sons namely Arvind and Abhishek went to Police Station- Telibandha where they saw that their elder brother- Ashok Dwivedi and his friend- Agyey Datt Mishra were beaten brutally by the Police inside the Police Station. It is submitted that on seeing this, both the sons were shocked and objected for such an inhuman behaviour of the police officers with their elder brother, on which the police officers/ private respondents became furious and started beating two sons of the petitioner ruthlessly as well. The said inhuman conduct of ruthless beating continued till 4 a.m. in the morning and when sons of the petitioner became unconscious they were taken to Mekahara Hospital where her elder son- Ashok Dwivedi was admitted and was being treated as he is unable to even talk properly on account of the serious injuries sustained by him.
3. On 22.10.2014 when petitioner's elder son- Ashok Dwivedi regained consciousness then the petitioner asked as to what had happened on the date of incident and how such an incident had occurred on which, he told the petitioner that when they were returning from Ramkrishna Hospital and in front of Telibandha Police Station, one motorcycle rider, who was driving vehicle very recklessly came in front of their car, elder son of the petitioner and his friend told the person driving the motorcycle not to drive the vehicle in such a way as it may cause serious accident. However, the motorcycle rider with three more friends suddenly started quarreling with son of the petitioner and his friend. At that point of time, Agyey Datt Mishra made call to Police Station- Telibandha from where two constables came and took all the motorcycle riders to the police station. Respondent No. 6- Gautam Netam- Assistant Sub-Inspector, who seems to have drunk heavily came and suddenly started abusing Ashok Dwivedi to which objected by saying that “we have come to lodge a report and you are not supposed to talk to us such filthy language”. Upon hearing this, the Assistant Sub-Inspector became furious and slapped Ashok Dwivedi, who made a call to his wife namely Suresha Dwivedi, who is also working in the same department as Deputy Superintendent of Police at Janjgir-Champa and informed her about the incident. Upon which, Goutam Netam again slapped and told him in filthy language that “call whomsoever you want to” and thereafter started assaulting Ashok Dwivedi. During beating, his mobile phone fell down thereafter, Goutam Netam and other private respondents took him inside the police station and thereafter started beat
Ramesh Kumari Vs. State (NCT Delhi) & others reported in (2006) 2 SCC 677
Rubabbuddin Sheikh Vs. State of Gujarat & others
M. Subramaniam & another Vs. S. Janaki & another
Arnab Ranjan Goswami Vs. Union of India & others
State of Bihar v P.P. Sharma 1992 Supp1 SCC 222
Dukhishyam Benupani v. Arun Kumar Bajoria [(1998) 1 SCC 52]
Narmada Bai Vs. State of Gujarat [(2011) 5 SCC 79]
Romila Thapar & others Vs. Union of India & others
Sanjiv Rajendra Bhatt Vs. Union of India [(2016) 1 SCC 1]
Union of India v. W.N. Chadha 1993 Supp4 SCC 260
Mayawati v. Union of India [(2012) 8 SCC 106]
Dinubhai Boghabha Solanki v. State of Gujarat [(2014) 4 SCC 626]
CBI v. Rajesh Ganghi [(1996) 11 SCC 253]
Janta Dal v. H.S. Choudhary [(1991) 3 SCC 756]
E. Sivakumar Vs. Union of India [(2018) 7 SCC 365]
Divine Retreat Centre Vs. State of Kerala [(2008) 3 SCC 542]
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