The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.

ORDER :

Ramesh Sinha, CJ.

1. Heard Mr. C.R.Sahu and Mr. Vinod Kumar Dewangan, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Advocate General along with Mr. S.S. Baghel, learned Deputy Government Advocate appearing for the respondents/State.

2. By way of this writ petition the petitioners have prayed for following reliefs:-

“(i) That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus, order or direction to the respondents police authorities to take appropriate legal action upon complaint of the petitioners and to register FIR for the commission of offence under section 103, 3 (5) of B.N.S. against the accused/ respondents no. 7 and 8 at the earliest, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus, order or direction to the CBI to investigate the matter on complaint of the petitioners and to register FIR for the commission of offence under section 103, 3 (5) of B.N.S. against the culprit responsible persons at the earliest, in the interest of justice.

(iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to facility and provide the government job to one family members of the deceased within stipulated time, in the interest of justice.

(iv) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to make compensation on account of death of the deceased at the earliest, in the interest of justice.

(v) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide information documents as sought by the petitioners under RTI at the earliest, in the interest of justice.

(vi) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent no. 1 to 3 to take necessary steps upon complaint of the petitioners according to the law laid down by Hon'ble Court in the case of Lalita Kumar Vs. State of U.P., in the interest of justice.

(vii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to pay compensation on account of mentally harassment and deprived the petitioners and lose of the deceased's family members, in the interest of justice.

(viii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

3. The grievance of the petitioners, in brief, is that petitioner No. 1 is the wife, and petitioners No. 2 and 3 are the family members of the deceased Durgendra Katholiya. The police of Police Station Arjuni registered FIR No. 47/2025 against the said Durgendra Katholiya for offences under Sections 420, 467, and 468 of the Indian Penal Code. Pursuant to the said FIR, the police arrested Durgendra Katholiya on 29.03.2025 at about 5:00 p.m., and subsequently produced him before the learned Chief Judicial Magistrate, Dhamtari, on 31.03.2025 for remand. At the time of production, Durgendra Katholiya was in good health. After remand, he was taken back to the custody of Police Station Arjuni, District Dhamtari, Chhattisgarh, on the same day at about 5:00 p.m.

Thereafter, the staff of Police Station Arjuni grossly misused their authority and subjected Durgendra Katholiya to third-degree torture while in custody. As a result, he sustained multiple injuries, approximately 25–30 in number on his left hand, chest, thigh, knee, leg, face, and nose, as observed on his dead body. Due to such brutal torture, Durgendra Katholiya succumbed to his injuries and died in police custody on 31.03.2025 at around 8:00 p.m.

Subsequently, on the next day, i.e., 01.04.2025 at about 11:00 a.m., the concerned police officers falsely informed that Durgendra Katholiya had fallen ill and admitted him to the District Hospital, Dhamtari, while suppressing the fact of his death. The police then registered Merg No. 16/2025, and post-mortem was conducted on the same day at about 5:00 p.m. Thereafter, the body was handed over to the petitioners.

Upon receiving the bo