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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Sujeet Sao S/o Sharda Prasad Sao – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. incident involving police and petitioners. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. claims of custodial torture and illegal actions. (Para 9 , 10 , 11 , 12 , 13) |
| 3. defense asserts police compliance with law. (Para 14 , 20 , 22 , 26) |
| 4. court's observations on legality and procedural adherence. (Para 16 , 17 , 25 , 28) |
| 5. court's direction for procedural reforms and accountability. (Para 29 , 30 , 31 , 32 , 33) |
ORDER :
1. Heard Mr. Awadh Tripathi, learned counsel for the petitioners as well as Mr. Vivek Sharma, learned Advocate General assisted by Mr. Praveen Das, learned Additional Advocate General, appearing on behalf of the State-respondents.
2. The present petition has been filed by the petitioners with the following relief(s):-
“1) That, the Hon'ble Court may kindly be pleased to allow this petition and direct the respondents to take strict action against the respondent no. 2 to 8 i.e. departmental action, providing compensation to the petitioners and also initiate proceedings against the respondent no. 2 to 8 for non-compliance of the guidelines which has been passed by in the case of D.K. Basu Vs. State of West Bengal, Arnesh Kumar and Satendra Kumar Antile, in the interes
Police actions must comply with constitutional safeguards to protect citizens' fundamental rights; any deviation leads to potential accountability.
The judgment establishes the importance of upholding the rights guaranteed under Article 21 of the Constitution of India and the need for a reasonable basis for arrest under the Cr.P.C.
No authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and man in street is made to run from o....
Police abuses power leading to false arrests violate fundamental rights conferred under Article 21 of the Constitution.
A petition cannot proceed in parallel with existing judicial proceedings on the same matter; courts should refrain from intervening when adequate remedies exist.
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