In a writ petition challenging a Chief Judicial Magistrate's report finding the petitioner guilty in connection with the death of a deceased in police custody, the High Court of Chhattisgarh declined to entertain the petition.
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1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No.406 of 2013
---- Petitioner
Versus
---- Respondents
For Petitioner Mr. Saurabh Dangi, Advocate For Respondent Nos.1 to 4 Ms. Madhunisha Singh, Dy. AG For Respondent No.5 Ms. Sakshi Bali, Advocate
Hon'ble Shri Justice Ramesh Sinha, Chief Justice
Hon'ble Smt. Justice Rajani Dubey Order on Board
Per Ramesh Sinha, Chief Justice 03/07/2023
Heard Mr. Saurabh Dangi, learned counsel appearing for the petitioner, Ms. Madhunisha Singh, learned Dy. Advocate General appearing for the State and Ms. Sakshi Bali, counsel appearing for the respondent No.5.
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“i. That, the Hon'ble Court may kindly be pleased to quash the impugned report dated 18.02.2013 (AnnexureP/1).
ii. Any other relief which this Hon’ble Court deems fit in the facts and circumstances may also be granted in favour of the petitioner.”
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report was prepared by the Chief Judicial Magistrate, in which the petitioner has been found guilty, against which the present petition has been filed.
4
health and was given temporary treatment only and died on 31.01.2013, whereas he was required to be given proper treatment and he might have ill treated as well, as he died due to cardiac arrest and no such internal or external injury was found on the body of the deceased. The learned Chief Judicial Magistrate has properly appreciated the oral and documentary evidence available on record and gave his report (Annexure-P/1), as such we do not find any illegality or infirmity in the report prepared by the learned Chief Judicial Magistrate.
to entertain this petition. Accordingly, the petition is dismissed.
Sd/Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice
Nirala
2 issues framed by the court
Whether the writ petition seeking quashing of the CJM report should be entertained.
Whether the impugned report by the Chief Judicial Magistrate suffers from any illegality or infirmity.
Ramesh Sahu
State Of Chhattisgarh
Director General of Police, Raipur
Superintendent of Police, Dhamtari
Inquiry Officer (Chief Judicial Magistrate) Dhamtari
Smt. Sushila Markam
Ramesh Sinha
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
