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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPCR No. 176 of 2014

Order Reserved on : 26.07.2021

Order Delivered on : 07

. 09.2021

Smt. Savitri Dwivedi, W/o Shri K.V. Dwivedi, Aged About 52 Years,

R/o Vishal Nagar, B-3, Phase-1, P.S.- Telibandha, Raipur, District-

Raipur (C.G.)

---- Petitioner

Versus

1.

State of Chhattisgarh, through the Home Secretary, Raipur,

District- Raipur (C.G.)

2.

The Director General of Police, Police Head Quarters, Raipur,

District- Raipur (C.G.)

3.

Superintendent of Police Raipur, District- Raipur (C.G.)

4.

Neeraj Chandrakar, Addl. Superintendent of Police, Raipur,

District- Raipur (C.G.)

5.

Mukesh Khare, Dy. Superintendent of Police/ City

Superintendent of Police, Raipur, District- Raipur (C.G.)

6.

Rakesh Baghel, Station House Officer, P.S. Telibandha,

Raipur, District- Raipur (C.G.)

7.

Gautam Netam, Assistant Sub-Inspector, P.S. Telibandha,

Raipur, District- Raipur (C.G.)

8.

Shankar Druw, Head Constable, P.S. Telibandha, Raipur,

District- Raipur (C.G.)

9.

Vijeshwar Ram, Head Constable, P.S. Telibandha, Raipur,

District- Raipur (C.G.)

10.

Rajesh Soni, Constable, P.S. Telibandha, Raipur, District-

Raipur (C.G.)

11.

Vinay Singh, Constable, P.S. Telibandha, Raipur, District-

Raipur (C.G.)

---- Respondents

For Petitioner

:

Mr. Saurabh Dangi, Advocate with

Ms. Surya Kawalkar, Advocate.

For State/Resp. 1 to 3

:

Mr. Gurudev I. Sharan, Govt. Adv.

For Resp. No. 4 to 6

:

Mr. Praveen Das, Sr. Advocate with

Mr. Vivek Sharma, Advocate.

For Resp. No. 7

:

Mr. Anurag Dayal Shrivastava, Adv.

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Hon'ble Shri Justice Narendra Kumar Vyas

CAV Order

1.

The petitioner has filed this writ petition under Article 226 of

the Constitution of India seeking following reliefs:-

(i)

That the Hon'ble Court may kindly be pleased

to issue a writ in the nature of mandamus

directing the investigation to be conducted by

the Central Bureau of Investigation after

registering the FIR in the instant matter.

(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

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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 seri