Disposed

Ramkali Kumhar v. State of Chhattisgarh

Chhattisgarh HC11 Jun 2024WPCR/169/2024

Case brief

AI extract

What is this about?

A writ petition seeking proper police investigation into the death of the petitioner's son, alleged to have been wrongly booked under Section 306/34 IPC instead of Section 302. The court directed the investigating officer to complete the investigation within six weeks and file the final report.

What did the court decide?

Investigating Officer directed to conclude investigation within six weeks and submit police report under Section 173(2) CrPC before the concerned court.

Ramkali Kumhar Vs State of Chhattisgarh — Criminal Trial and Appeal | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 169 of 2024

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Ramkali Kumhar W/o Kamta Prasad Kumhar Aged About 55 Years R/o Village- Aamapali, Post Aurda, Tahsil Pusour Thana Jutmil, District : Raigarh, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through Its Home Secretary, Mantralaya, Naya Raipur, Chhattisarh, Pin 492002

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Chhattisgarh State Police Through Director General of Police, Headquarter, Naya Raipur, Chhattisgarh, Pin 492002

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Inspector General of Police Bilaspur Range, Bilaspur, District : Bilaspur, Chhattisgarh

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Superintendent of Police Raigarh, District : Raigarh, Chhattisgarh

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Station House Officer Police Station- Jute Mil, District : Raigarh, Chhattisgarh

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Anjali Thanapat S/o Bhishamdev Thanapath Aged About 23 Years R/o Village Amaplai Tehsil Pusaur District Raigarh, Chhattisgarh.

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Niket Thanapat S/o Bhishamdev Thanapath Aged About 23 Years R/o Village Amaplai Tehsil Pusaur District Raigarh, Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Sanjay Agrawal, Advocate For Respondent Nos. 1 to 5/ State : Shashank Thakur, Dy. Advocate General

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Sachin Singh Rajput , Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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12.06.2024

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Heard Mr. Sanjay Agrawal, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondent Nos. 1 to 5.

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The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :

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“10.1. This Hon’ble Court may kindly be pleased to direct to respondents to make proper investigation with respect to the case of death of petitioner’s son namely Santosh Prajapati in accordance with law.

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10.2. This Hon’ble Court may kindly be pleased to grant any other relief which may suitable in the facts and circumstances of the case may also be allowed.

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10.3. Cost of the petition may kindly be awarded to the petitioner.”

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It has been submitted by learned counsel for the petitioner that the deceased was son of the petitioner who was murdered, but the case has been registered by the police authority under Section 306/34 IPC instead of 302 IPC. He further submitted that viscera report has also been received, according to which poisonous substance was found in the viscera of the deceased and the investigation is still under progress.

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Considering the aforesaid facts and circumstances of the case, the Investigating Officer is directed to conclude the investigation of the case within a period of six weeks and submit the police report under Section 173(2) of CrPC before the Court concerned in accordance with law.

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With the aforesaid observation and direction, the instant writ petition stands disposed of.

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Sd/Sd/- (Sachin Singh Rajput) (Ramesh Sinha) Judge Chief Justice

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Chandra

Ramkali Kumhar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramkali Kumhar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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