Disposed

Smt. Ranu Beck v. State of Chhattisgarh

Chhattisgarh HC5 Sept 2023WPCR/145/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition seeking CBI investigation, seizure of documents, transfer of trial, and compensation for the custodial death of Pankaj Beck. Relying on a closed investigation report accepted by the Magistrate, the court dismissed the petition with liberty to approach law regarding the closure report.

What did the court decide?

Petition disposed with liberty to approach court if aggrieved by the accepted Closure Report.

Smt. Ranu Beck Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (Cr.) No. 145 of 2020

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Smt. Ranu Beck W/o Late Shri Pankaj Kumar Beck Aged About 25 Years Caste 'Uraon', R/o Mahadevpara, Village Adhinapur (Salka), Post- Office Salka, Police Station Bhatgaon, Tehsil Bhaiyathan, District Surajpur Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through Home Secretary, Home Affairs, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh.

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DGP State of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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IG Of Police Surguja Range, Ambikapur, Chhattisgarh.

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S.P. Ambikapur, Ambikapur, Chhattisgarh.

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Vineet Dubey Ex-Station House Officer Police, Station City, Kotwali Ambikapur, District Ambikapur Chhattisgarh.

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Priyesh Jhon S/o- Shree Mathyu Assistant Sub Inspector Police Station City Kotwali Ambikapur, District Ambikapur Chhattisgarh.

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Manish Yadav S/o Shree Fulchand Yadav Sub Inspector Police Station City Kotwali Ambikapur, District Ambikapur Chhattisgarh.

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Deendayal Singh S/o Shree S.N. Singh Constable No. 868 Police Station City Kotwali Ambikapur, District Ambikapur Chhattisgarh.

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Laxman Singh S/o Shree Budhram Constable No. 942 (Vehicle Driver) Police Station City Kotwali Ambikapur, District Ambikapur Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Shri Ashish Beck, Advocate. For Respondents/State : Shri HS Ahluwalia, Deputy Advocate General. For Respondents No.5 to 9 : Shri Vivek Sharma, Advocate.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri N.K. Chandravanshi, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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05.09.2023

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Heard learned counsel appearing for the parties.

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2. The present writ petition has been filed by the petitioner with the following prayers:

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“(a) For a writ of mandamus or any other appropriate writ/order/direction for transfer of the investigation to the Central Bureau of Investigation into the death of Pankaj Beck in police custody.

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(b) For a writ of mandamus or any other appropriate writ/order/direction for seizing of entire documents in FIR No. 712/2019 P.S. Ambikapur by the Central Bureau of Investigation from P.S. Ambikapur.

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(c) For a writ of mandamus or any other appropriate order/direction for transfer of case number FIR No. 712/2019 for trial from Ambikapur to Bilaspur or Raipur district.

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(d) For a writ of mandamus or any other appropriate writ/order/direction to Respondent No. 1 to pay compensation of Rs. 50 lakh to the Petitioner and her two minor children.

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(e) For any other order or direction that this Hon'ble Court may deem fit and appropriate in the interest of justice.”

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3. The petitioner by way of this petition seeks CBI investigation of the custodial death of her husband namely Pankaj Kumar in an FIR No.712/2019 registered at P.S. Ambikapur against five accused police personnel. The Petitioner is a wife of the deceased Pankaj Beck who was found dead under suspicious circumstances while he was in police custody in an alleged case of theft. The counsel for the petitioner submits that as per the statement of co-accused, eye-witness Imran Khan, he

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along with deceased Pankaj Kumar Beck were stripped naked and the police personnel tortured in the custody. On account of torture being made in the police station, the police claimed that the deceased escaped from the police station and committed suicide in Parmar Hospital. However, from the statement of the eye witness Imran Khan and the family members it appears to be a case of murder which has been given a colour of suicide by the accused police officials as higher police officials were involved in the case. FIR were lodged against five police personnel under Section 306/34 IPC whereas, they were supposed to charge under Section 302 IPC. Therefore, the Petitioner seeks transfer of the investigation to the CBI. The petitioner also prays for payment of compensation for the death of the deceased-husband who was the sole bread earner of the family.

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4. On the other hand, the counsel for the respondents submits that in the present case, the Closure Report has already been submitted before the concerned competent Court and which has been duly accepted by the Magistrate concerned.

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5 . In view of the submission made by the learned counsel for the respondents, the present writ petition is disposed off with a liberty to the petitioner to take recourse to law, if aggrieved by the Closure Report, if so advised.

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Sd/Sd/- (N.K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

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inder

Smt. Ranu Beck v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Ranu Beck v. State of Chhattisgarh

Case brief

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