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2025 DAILYLAW 18098 (CHH)

SARITA BANJARE v. STATE OF CHHATTISGARH

WPCR/239/2025 · 2025-04-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:18820-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 239 of 2025 Sarita Banjare W/o Ramkumar Banjare Aged About 60 Years Village- Koudiya, Police Station Nawagarh, District Bemetara, Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Superintendent of Police Bemetara, District Bemetara, Chhattisgarh. 2 - Station House Officer Police Station Nawagarh, District Bemetara, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Nawagarh, District Bemetara, Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------- For Petitioner : Ms. Sareena Khan, Advocate. For Respondents/State : Mr. SS Baghel, Government Advocate. ------------------------------------------------------------------------------------------------ Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 25.04.2025 1. Heard, Ms. Sareena Khan, learned counsel for the petitioner as well as Mr. Baghel, learned Government Advocate, appearing on behalf of the respondents/State and perused the records. 2 2. Petitioner has filed this writ petition with following relief: “10.1 That, this hon'ble court may kindly be pleased directed to respondents regarding reopen the case of mourge no. 29/20213 which is closed by the police on dated 30.04.2024 (Annexure P/4) and fare investigate the case against the accused person of the deceased Shakti Banjare (son of the petitioner). 10.2 Any other relief(s) as the Hon'ble Court may be deemed to fit and proper in the facts and circumstances of the case.” 3. Relevant facts for disposal of this writ petition are that on 07/07/2023 at night, son of petitioner (Shakti Banjare) was found dead near the electric Pole of the street. The Police has lodged merg No.29/2023, send the dead body of deceased for post-mortem (PM) and cause of death as per doctor was cardiac arrest due to electric shock. After investigation, on 30.04.2024, respondent No.2 has getting permission for submission of final report and close the case of death of deceased (Shakti Banjare) and, thereafter, closure report has been filed vide Annexure P/4. 4. Learned counsel for the petitioner submits that some injuries was found on body of the deceased, which shows that it is not a accidental case of electric shock, it is case of murdered by someone, which is liable to be reopen for fair investigation, but the Police has not done any proceeding in this regard. For which, petitioner has moved an application before the concerned respondents-authorities, but they have not taken any proper action on his application. Hence, petitioner has come before this Court with aforesaid prayer. 3 5. Learned State counsel, on the other hand, has submitted that present writ petition is not maintainable as the closure report has already been filed. If the petitioner is having any grievance with regard to the said closure report, he is having alternate remedy to take recourse to the law before competent -authority/appropriate forum. 6. Considering the aforesaid facts, submission of counsel for the respective parties, particularly the fact that the closure report has already been filed vide Annexure P-4, we do not find any merit in this case to interfere. 7. Accordingly, the present writ petition is dismissed as not maintainable. However, if the petitioner is having any grievance with regard to said closure report, he will be at liberty to take recourse to the law before the concerned competent -authority/appropriate forum. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice J.