1 2025:CGHC:20913-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 263 of 2025 1 - Kamal Prasad Khurana S/o Khubu Ram Khurana Aged About 51 Years R/o Village Pandaripali, Police Station Sarsiva, District Sarangarh-Bilaigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Director General Of Police Police Head Quarter, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - Superintendent Of Police District Sarangarh-Bilaigarh, Chhattisgarh. 4 - Station House Officer Police Station Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Raghvendra Pradhan, Advocate For Respondents-State : Mr. S.S. Baghel, Dy. G.A. --------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board 07.05.2025 1. Heard Mr. Raghvendra Pradhan, learned counsel for the petitioner and Mr. S.S. Baghel, Dy. G.A., for the State-respondents and perused the record. 2 2. This writ petition has been filed by the petitioner with the following prayers:- 10.1 That, this Hon’ble Court may kindly be pleased to call the entire record pertaining to the case of deceased from the office respondent No. 4 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent-authorities to conduct investigation from higher police authority to constitute Special Investigation Team (SIT) to conduct the investigation properly. 3. Brief facts of the case are that on 30.11.2024, the petitioner has filed complaint before the Police Station Bilaigarh/respondent No. 4 mentioning therein that the daughter of the petitioner namely Tulsi Ratre (now deceased) and Rupnarayan Ratre was performed marriage on 30.03.2024 and thereafter the deceased was continuously harassing by the husband and in-laws for the reason of dowry and when the deceased was two months pregnant, her husband along with in-laws forced her to abort the child, due to which she has back pain and fever, she was undergoing medicine and injection for the same after about 24-25 days, the deceased was forced to commit suicide and her in-laws along with husband feed her over dose of poisonous medicine, due to which she died. 4. Learned counsel for the petitioner submits that the petitioner has repeated complaint before the respondent No. 3 regarding dowry death of deceased, where he has also informed that previously on dated 30.11.2024, the petitioner has given complaint before the concerned Police Station, but no action has been taken by the 3 police till date. Learned counsel for the petitioner submits that the deceased was regularly harassed by the hushand along with her in-laws for demand of dowry and when the deceased became pregnant and they have given over dose of medicine, cause of that the deceased died and cause of death is still mysterious. Further he submits that, the medical officer of Bilaigarh has not given any final opinion regarding the death of deceased, which clearly shows that cause of death is still mysterious. 5. On the above submission of the learned counsel for the petitioner, vide order dated 02.05.2025 this Court had directed the State Counsel to seek instruction in the matter and to inform whether the opinion regarding cause of death of the deceased has been made available or not and, if available, he shall produce the same before this Court on the next date of hearing. 6. In compliance of the order dated 02.05.2025, the State Counsel has placed on record the document with regard to cause of death wherein it has been stated that the petitioner's daughter died on 30.11.2024 at Community Health Centre, Bilaigarh and thereafter, the postmortem of dead body of the deceased has been conducted by the Medical Officer, Community Health Centre, Bilaigarh on 30.11.2024 itself, wherein, the concerned Medical Officer has stated that the opinion reserved till the hospital records and chemical enquiry, histopatho report made available. Thereafter, the 4 respondent authority sent the viscera of the deceased for testing, wherein, the FSL, Bilaspur has given report on 28.02.2025 stating that in articles A & B Antihypertensive Drug Telmisartan found. The respondent authority has also obtained Histopathological report from the Department of Pathology, Government Medical College, Raigarh (CG) on 24.03.2025. Thereafter, the respondent authority vide letter dated 01.05.2025 sought final opinion from the Block Medical Officer, Bilaigarh and pursuant to the same the concerned Medical Officer, Community Health Centre, Bilaigarh, District Sarangarh-Bilaigarh (CG) has given final opinion stating that the nature of death is natural. 7. I have heard learned counsel for the parties and perused the records. 8. On perusing the records and considering the submission of the learned counsel for the petitioner with regard to proper investigation, however, in the present case, till date no FIR has been lodged by the petitioner, therefore in absence of the same, the prayer made by the petitioner cannot be granted. 9. Accordingly, the present petition is dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Jyoti