Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32173-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 387 of 2025 1 Anil Kumar Jaiswal S/o Shri Ved Prakash Jaiswal Aged About 40 Years R/o Pali, Post Pali District - Korba (C.G.) (Complaint In Fir No. 114/2025) 2 Umashankar Jaiswal S/o Shri Ram Parasad Jaiswal Aged About 63 Years R/o Ward No. 15, Purana Bus Stand, Pali District - Korba (C.G.) - 495449 (Father Of Deceased
) 3 Sunita Jaiswal W/o Shri Umashankar Jaiswal Aged About 58 Years R/o Ward No. 15 Purana Bus Stand Pali District - Korba (C.G.) - 495449 (Mother Of Deceased ) 4 Priyanka Jaiswal D/o Shri Umashankar Jaiswal Aged About 30 Years R/o Ward No. 15, Purana Bus Stand, Pali District - Korba (C.G.) - 495449 (Sister Of Deceased )
... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur District - Raipur (C.G.) 2 Director General Of Police Chhattisgarh Police Headquarters Raipur District- Raipur
(C.G.) 3 Inspector General Of Police Bilaspur Range Bilaspur Office Of The Inspector General
Of
Police
District
-
Bilaspur
(C.G.) 4 Superintendent Of Police Korba District - Korba (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.11 18:24:10 +0530
2 5 Station House Officer Police Station Pali District - Korba (C.G.) 6 Surendra Singh Chauhan S/o Ram Dev Chauhan Posted In Secl As General Manager (Gm) Suhagpur Area P.O. Dhanpuri District - Shahdol (M.P.) 7 Monty Kashyap S/o Shivnarayan Kashyap Aged About 30 Years Transporter Vill. Gidhori
(Beltara)
Ratanpur
District
-
Bilaspur
(C.G.) 8 Golu Prajapati S/o Smt. Laxmi Prajapati Ward No. 3 P.S. Pali District- Korba (C.G.) 9 Prabhat Dubey S/o Late L. Dubey Ward No. 12, Pali P.S. Pali District - Korba (C.G.) 10 Nilesh Singh Raj S/o Shiv Singh Raj Aged About 30 Years Pali District - Korba (C.G.) 11 Mayank Singh Thakur S/o Shri Raju Thakur Ward No. 13, . Pali District - Korba (C.G.) 12 Suraj Paswan S/o Madan Singh Paswan Vill. Rahadih Pali District - Korba (C.G.) 13 Kailash Kaiwarth S/o Shri R. Kaiwarth Aged About 40 Years Vill. Sish P.S. Ratanpur
District
-
Bilaspur
(C.G.) 14 Anil Marawi @ Chhotu S/o B. Maravi Chhin Para P.S. Pali District - Korba (C.G.) 15 Adil Faruqui S/o Late Mohammad Rafique Faruqui Aged About 32 Years New Bus Stant Pali District - Korba (C.G.)
... Respondent(s) For Petitioner : Mr.
Dhiraj Kumar Wankhede, Advocate. For Respondents/State : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
3
Order
on Board
Per
Ramesh Sinha
, Chief Justice
11.07.2025
1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, Dy. G.A. appearing for the State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“(I0.1) 10.1) The Hon'ble Court may kindly be pleased to issue the appropriate writ/writs, order/orders, direction/ directions to police department to conclude the inquiry in fair manner; 10.2) The Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/ directions to police authority to arrest the private accused respondents; 10.3) The Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/ directions to respondent authorities to decide the complaint and representations filed by the Petitioners; 10.4) Grant any such other relief in favour of petitioners as this Hon'ble Court may deem fit in the interest of Justice.”
3. The present writ petition is not filed against any particular order but preferred against the inaction on part of the Respondent authorities,
4 who are deliberately not taking any efforts in arresting the Private Respondent persons named in FIR No. 114/2025, registered at Police Station, Pali, though the anticipatory bail application bearing MCRCA No. 672 of 2025 has been rejected vide order dated 08.05.2025 and the Police are not conducting the fair investigation in the case, despite multiple representations made by the Petitioners before the concerned Station House Officer, no effective action has been taken. The apathy and indifference of the concerned Respondent Police is such that till date they have neither seized the weapon used in the crime (which is an essential piece of evidence in the case) nor the vehicle allegedly involved, another quintessential evidence in the case.
4.
Learned counsel for the petitioner submits that the petitioners are family members of the deceased who died unnatural death. He further submits that the petitioners have also filed representations before the higher officers of police to initiate fair enquiry so they can get justice but till date the representations are pending. He further submits that after investigation the closure report has been submitted by the investigating agency and hence the petitioners have come before this court for fair investigation.
5. On the other hand, learned State counsel opposes the
submissions made by learned counsel for the petitioner and submits that proper investigation has been carried out.
6. We have heard learned counsel for the parties, considered their rival submissions made hereinabove and also went through the records
5 with utmost circumspection.
7. From perusal of the records, it transpires that the petitioners are family members of the deceased, who died unnatural death, are seeking fair trial but only under the apprehension that the investigation has not been conducted in fair manner. The same cannot be a ground to seek a direction for fair trial from this court. Even it has been submitted that closure report has also been filed.
8. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. However, liberty is reserved in favour of the petitioner to take recourse to other alternate remedies available to them under the law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar