Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:20841-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 253 of 2026 Smita Patel W/o Late Dharmendra Patel Aged About 34 Years R/o Ward No. 01, Koshtha Churhat Pawai, Tehsil- Churhat, District- Sidhi, (M.P.)
... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Home Department, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 2 - Superintendent Of Police Ambikapur, District- Surguja, (C.G.) 3 - Station House Officer (SHO) Police Station- Sitapur, Ambikapur, District- Surguja, (C.G.) ---- Respondents (Cause title taken from Case Information System) For Petitioner : Ms. Mahima Chandra, Advocate For Respondents/State : Mr. Shaleen Singh Baghel, Govt. Advocate
Hon'ble
Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri R
avindra Kumar Agrawal, Judge
Order on Board Per Ramesh Sinha, C.J. 05/05/2026
1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking issuance of an appropriate VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.05.07 11:06:34 +0530
2 writ/direction to the respondent authorities to supply a copy of the final report/charge-sheet in connection with FIR No. 0373/2024 registered at Police Station Sitapur, District Surguja (C.G.), and further to direct the respondents to complete the investigation and file the charge- sheet within a stipulated period.
2. The petitioner has filed the present petition seeking for the following reliefs:
“10.1 That, this Hon’ble Court may kindly be pleased to Issue an appropriate writ, order or direction directing the Respondent Authorities more particularly Respondent no. 3 to forthwith provide a copy of the final report/charge sheet to in connection with FIR No. 0373/2024 registered at Police Station Sitapur, District Surguja (C.G.). 10.2 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”
3. The case of the petitioner, in brief, is that she is the widow of Late Dharmendra Patel, who was serving as a Constable and died on 13.11.2024 due to injuries sustained in a road accident that occurred on 27.10.2024 while he was on official duty; thereafter, an FIR bearing No. 0373/2024 was lodged on 17.12.2024 at Police Station Sitapur under relevant provisions of B.N.S., however, despite lapse of considerable time, the respondent authorities have neither completed the investigation nor filed the charge-sheet/final report, and further, no post-mortem examination was conducted, which according to the petitioner reflects gross negligence; on account of such inaction, the petitioner is facing serious hardship in securing insurance, pension
3 and other service benefits, compelling her to approach this Court.
4.
Learned counsel for the petitioner submits that the inordinate delay in completion of investigation is arbitrary and violative of Article 21 of the Constitution of India, as the petitioner is entitled to a fair and speedy investigation; it is further contended that failure to conduct post- mortem in a case of accidental death amounts to serious procedural lapse, vitiating the investigation; it is also argued that due to non-filing of the final report/charge-sheet, the petitioner is being deprived of legitimate insurance claims, pensionary and other statutory benefits, thereby causing grave financial and mental distress, and hence appropriate directions be issued to the respondents.
5. Per contra, learned State counsel opposes the petition and submits that the writ petition is misconceived and not maintainable in its present form; it is contended that the pleadings made in the petition itself indicate that the charge-sheet has not yet been filed, whereas the principal relief sought is for supply of copy of the final report/charge- sheet, which is not yet in existence, and therefore the prayer is premature and contradictory; it is further submitted that the investigation is a matter within the domain of the investigating agency and is being carried out in accordance with law.
6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that as per the own pleadings of the petitioner, the investigation in the concerned FIR is still pending and the charge-sheet/final report has not yet been filed by the respondent authorities.
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7. In such circumstances, the principal relief sought by the petitioner, namely, for supply of a copy of the final report/charge-sheet along with its papers, is clearly premature, as the same is not yet in existence. The writ jurisdiction under Article 226 of the Constitution of India cannot be invoked for grant of a relief which is contingent upon a future event.
8.
Learned counsel for the State has pointed out that as per the pleadings made in the present petition, the charge-sheet has not yet been filed, whereas the prayer made in the present petition is to provide a copy of final report along with its papers, hence the pleadings and prayer are contradictory to each other. The present petition is accordingly dismissed on this ground alone. However the petitioner is at liberty to take recourse to law as available to her. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved