2025:CGHC:58546-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 423 of 2025

1. Ramkumar Banjare S/o Late Dhanna Lal Banjare Aged About 58 Years R/o Dehanpara, Ward No.-10, Tandwa, Raipur, District -

Raipur (C.G.)

2. Smt. Khelan Banjare W/o Ramkumar Banjare Aged About 50 Years R/o Dehanpara, Ward No.-10, Tandwa, Raipur, District -

Raipur (C.G.)

3. Rajendra Banjare S/o Ramkumar Banjare Aged About 30 Years R/o Dehanpara, Ward No.-10, Tandwa, Raipur, District - Raipur (C.G.)

4. Lakhan Banjare S/o Ramkumar Banjare Aged About 26 Years R/o Dehanpara, Ward No.-10, Tandwa, Raipur, District - Raipur (C.G.)

... Petitioner(s)

versus

1. State of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.)

2. State of Chhattisgarh Through Secretary, Health and Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.)

3. Director General of Police Police Head Quarter, Atal Nagar, Nawa Raipur (C.G.)

4. Director General of Jail Chhattisgarh, Bilaspur (C.G.)

5. Hospital Superintendent Dr. B. R. Ambedkar Memorial Hospital (Mekahara), Jail Road, Raipur, District - Raipur (C.G.)

Digitally signed by BRIJMOHAN 6. Superintendent of Jail Central Jail, Raipur, District - Raipur (C.G.)

BRIJMOHANMORLE

MORLE Date:

2025.12.04

+0530

7. Superintendent of Jail District Jail, Gariyaband, District -

Gariyaband (C.G.)

8. Superintendent of Police Gariyaband, District - Gariyaband (C.G.) 9. Station House Officer Police Station - Rajim, District - Gariyaband (C.G.)

10. Station House Officer Police Station - Ganj, District - Raipur (C.G.) 11. Niranjan Singh Thakur Jail Constable, C/o Superintendent Of Jail, Central Jail, Raipur, District - Raipur (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioners : Mr. Ankur Borkar, Advocate on behalf of Mr. Veer Verma, Advocate.

For Respondents/State : Mr. Praveen Das, Deputy Advocate General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

03.12.2025

1. Heard Mr. Ankur Borkar, learned counsel holding the brief of Mr. Veer Verma, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Deputy Advocate General, appearing for the State.

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

“10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records from the respondent authorities pertaining to the deceased Yogendra Banjare for kind perusal of this Hon’ble Court.

10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction to constitute a high-level inquiry committee, headed by a retired Judge of this Hon’ble Court or a Senior Judicial Officer, to investigate the custodial death of Yogendra Banjare on 29.05.2025 and fix responsibility on the erring respondents.

10.3 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents to pay compensation of Rs. 50,00,000/- to the petitioners for the untimely custodial death of Yogendra Banjare, caused by the respondents’ negligence and violation of fundamental rights.

10.4 That, this Honb’le Court may kindly be pleased to direct the respondents to register a First Information Report (FIR) against respondent No. 11 (Niranjan Singh Thakur, Jail Constable and Mekahara Hospital Dr. Kundi Jyoti & Others for negligence and not providing treatment on time and other responsible officials for the offence of murder, custodial torture and caste based discrimination under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”

3. Learned counsel for the petitioners submits that petitioners No. 1 and 2 are the parents of the deceased, while petitioners No. 3 and 4 are his unmarried brothers. The deceas