The High Court dismissed a writ petition seeking CBI investigation into alleged fake encounter killings and monetary compensation, finding no ground for intervention as a magisterial inquiry had been conducted and the matter was old.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 363 of 2009
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District-South Bastar, Dantewada
All the above mentioned petitioners are not aware of their age.)
---- Petitioners
Versus
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not known)
Respondent No.4-18 are resident of South Bastar Dantewada
---- Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr.Kishore Narayan, Advocate For Respondents No.1 to 3 : Mr. Chandresh Shrivastava, Addl.A.G.
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Rakesh Mohan Pandey, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
12.06.2023
2. The present writ petition has been filed by the petitioners with the
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following prayers:
“10.1 That the Hon’ble Court be pleased to issue direction to Central Bureau of Investigation to investigate into the matter.
10.2 That, the Hon’ble Court be pleased to direct the State respondents to pay Rs.25,00,000/- to the next of kin of each of the victims killed by the State Authorities.
10.3 That Hon’ble Court be pleased to direct respondent No.1 to pay Rs.5,00,000/- to the survivors, Petitioner No.1 & 2.
10.4 That the Hon’ble Court be pleased to direct Respondent Authorities to prosecute the perpetrators (Respondent No.5 to 21 and other members of their group).
10.5 That, this Hon’ble Court may kindly be pleased to pass any other order as it may deem fit under the facts and circumstances of the case.”
3. Learned counsel appearing for the petitioners submitted that the deceased, who were stated to have been killed in encounter on the ground that they were naxalites, is absolutely incorrect fact. Petitioners No.1 to 20, who are relatives of the persons killed in fake encounter and petitioner No.21 appears to be an NGO, have come up before this Court for investigation of the incident by an independent agency i.e., Central
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Bureau of Investigation.
Sd/- Sd/-
(Rakesh Mohan Pandey ) (Ramesh Sinha) Judge Chief Justice
Bablu
2 issues framed by the court
Whether an order discarding the petitioners' request for CBI investigation is maintainable given the existence of a magisterial inquiry.
Whether a direction to investigate a matter of alleged encounter killings is warranted when the case is old and a magisterial inquiry has been conducted.
Emla Hunga
Vanvasi Chetna Ashram
State of Chhattisgarh
Director General of Police, Chhattisgarh
Superintendent of Police, South Bastar
Madkam Mudraj
Ramesh Sinha
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
