Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:57150-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 594 of 2025 Mahendra Soni S/o Harinandan Sao Aged About 55 Years Resident Of Talwapara, Shivnandpur, Police Station Vishrampur, District- Surajpur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- Principal Secretary, Home Depart- ment Mahanadi, Bhawan, Naya Raipur (C.G.) 2 - Superintendent Of Police Surguja At Ambikapur, District- Surguja (C.G.) 3 - Station House Officer Police Station Batauli, District- Surguja (C.G.) 4 - Shyam Bihari S/o Harihar Soni, R/o Chandni Chowk, Mayapur, Po- lice Station Ambikapur, District- Surguja (C.G.) 5 - Lakshya Soni S/o Shyam Bihari Soni R/o Chandni Chowk Mayapur Police Station Ambikapur, District- Surguja (C.G.) 6 - Smt. Abha Soni W/o Shyam Bihari Soni R/o Chandni Chowk, Maya- pur, Police Station, Ambikapur, District- Surguja (C.G.) 7 - Praveen Mishra R/o Behind Police Station- Gandhi Nagar, Ambika- pur, District- Surguja (C.G.) 8 - Rishi R/o Village Bagicha, Police Station Bagicha, District- Jashpur (C.G.) 9 - Mukesh Soni R/o Talabpara Shivnandpur, Police Station Vishrampur, District- Surajpur (C.G.) ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
2 10 - Mahi Resident Of Jamnakala Police Station Ambikapur District- Surguja (C.G.)
... Respondents For Petitioner : Mr. Sushil Dubey, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Govt. Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
25.11.2025 1 Heard Mr. Sushil Dubey, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State. 2 The present writ petition has been filed by the petitioner with the following prayers:
“10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction in nature of mandamus whereby to direct to the Respondent Authorities No. 2 and 3 to conduct a fair investigate and find out the number/details of offending vehicle. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction in nature of mandamus whereby to direct to the Respondent Authorities No. 2 and 3 to conduct a fair investigate and obtain the mobile CDRs of the private respondents. 3 10.4 That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction in nature of mandamus whereby to direct to the Respondent Authorities No. 2 and 3 to conduct a fair investigate and obtain the CCTV footage of the place of incident in the interest of justice. 10.5 That, any other relief which deemed proper to this Hon'ble Court in the interest of Justice.” 3 The petitioner happens to be the father of the deceased Prakash Soni, who died pursuant to the incident which has been taken place on 03.10.2025 and for which the FIR bearing Crime No. 94/2025 has been lodged by the maternal uncle of the deceased against unknown persons under Section 281, 125(a), 106(1) of BNS, 2023 and it is stated that the investigation is not being carried out in the fair manner and the petitioner has sought information from the police, but the same has not been provided to him, hence he has come up before this Court for issuance of mandamus directing the respondent authorities to conduct a fair investigation in the case and and obtain the mobile CDRs of the private respondent Nos. 4 to 10 and further to obtain the CCTV footage of the place of incident.
4 Considering the fact that there was already an FIR was lodged for the alleged incident in which the deceased was died by his maternal uncle and there is no material on record to show that the investigation is not being carried out in a fair manner, we direct the Superintendent of Police concerned to ensure that the investigation shall be carried out expeditiously and police report be submitted before the concerned
4 jurisdictional Court. The concerned Superintendent of Police is further
directed to monitor the case. 5 With the aforesaid observations and directions, the instant writ petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra