2024:CGHC:38506-DB N A F R HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 386 of 2024

1 - Laleshwari Sahu (Minor) D/o Late Shri Shiv Prasad Sahu Aged About 15 Years Resident Of Village Loharidih, Police Thana Rengakhar, District Kabirdham (C.G.), Through Ramoutin Bai W/o Shri Mangal Chand Sahu, Aged About 55 Years, Resident Of Village Manpur Pahadi, Police Thana Mohgaon, District Chuikhadan - Khairagarh-Gandai (C.G.).

2 - Ramoutin Bai W/o Shri Mangal Chand Sahu Aged About 55 Years Resident Of Village Manpur Pahadi, Police Thana Mohgaon, District Chuikhadan-

Khairagarh-Gandai (C.G.).

... Petitioners Versus

1 - State Of Chhattisgarh Through Secretary, Home Police Affairs, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.).

2 - State Of Madhya Pradesh Through Secretary, Department Of Home, 132, Vallabh Bhawan, Bhopal (M.P.).

3 - The Superintendent Of Police District Kabirdham (C.G.).

4 - The Station House OfÏcer P.S. Rengakhar, District Kabirdham (C.G.). 5 - The Director General Of Police State Of M.P., Jail Road, Jahangirabad, Bhopal (M.P.).

6 - The Superintendent of Police District Balaghat (M.P.).

... Respondents For Petitioners : Mr. Vivek K. Tankha, Senior Advocate assisted by Mr. Sandeep Dubey, alongwith Mr. Manas Vajpai, and Ms. Nirupama Bajpai, Advocates.

For : Mr. Prafull N. Bharat, Advocate General assisted Respondent/State by Mr. Raj Kumar Gupta, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shr i Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

30.09.2024

1. Heard Mr. Vivek Tankha, learned Senior Advocate assisted by Mr. Sandeep Dubey, learned Advocate alongwith Mr. Manas Vajpai, Advocate and Ms. Nirupama Bajpai, Advocate for the petitioners as well as Mr. Prafull N. Bharat, learned Advocate General alongwith Mr. Rajkkumar Gupta, learned Additional Advocate General.

2. The present writ petition has been filed by the petitioners with the following prayers:

“10.1.The Hon’ble Court may kindly be pleased to direct the respondent authority to constitute the high level investigation team to investigate the matter and submit report before this Hon’ble Court within stipulated period for further proceedings.

10.2 The Hon’ble Court may kindly be pleased to direct the respondent authority to constitute the high level investigation team for re postmortem of the father of petitioner No. 1 Shiv Prasad Sahu and submit report before this Hon’ble Court within stipulated period.

10.3 The Hon’ble Court may kindly be pleased to direct the respondent authority to take action against culprit with Police authority.

10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit.”

3. The facts of the case, as projected by the petitioners are that the petitioner No.1 is the daughter of the deceased Shivprasad Sahu (hereinafter referred to as ‘the deceased’) and resident of village Loharidih, Police Station Rengakhar, District Kabirdham and the petitioner No.2 is the grandmother (Nani) of the petitioner No.1 and mother-in- law of the deceased Shiv Prasad Sahu. The dead body of the deceased was found hanging on 15.09.2024 in a forest near the border of Village Bijatola, Railwahi, Police station Birsa, District Balaghat, Madhya Pradesh. The deceased had gone to the forest on 14.09.2024 at about 2 p.m. went along with Janak Sahu. When the petitioner No. 1 called his father on phone, it was found to be switched off. The police of Police Station, Birsa District Balaghat, Madhya Pradesh got the postmortem of the deceased done. It is argued by the learned counsel for the petitioner that when the dead body was found by the police of Police Station, Birsa in a suspicious circumstances it ought to have given the information to the petitioners or the family members before sending the dead body for postmortem but they did not inform to any family members of the petitioner No.1.

4. According to the petitioners, the illegality on the part of the Police authorities of Madhya Prade