Nafr High Court
Case Details
1 / 6 2025:CGHC:18792-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 230 of 2025 1 - Ramkumar Sahu S/o Samaylal Sahu Aged About 35 Years 2 - Baisakhu Sahu S/o Milau Sahu Aged About 52 Years Both R/o Village Ruha, Tehsil Dhamdha, P.S. Dhamdha, District Durg Chhattisgarh. versus ... Petitioners 1 - Girdhari Sahu S/o Milau Sahu Aged About 51 Years 2 - Natwar Patel S/o Jagdish Patel Aged About 34 Years 3 - Manisha Sahu W/o Domar Sahu Aged About 28 Years Respondents No.1 to 3 R/o Village Ruha, P.S. Dhamdha, Tehsil Dhamdha, District Durg Chhattisgarh. 4 - Station House Officer P.S. Dhamdha, District Durg Chhattisgarh. 5 - Head Constable Rohit Yadav, P.S. Dhamdha, District Durg Chhattisgarh. 6 - Superintendent of Police Durg, District Durg Chhattisgarh. 7 - State of Chhattisgarh Through Secretary, Department Of Home Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh. 8 - Santosh Yadav S/o Chintu Yadav Aged About 46 Years R/o Village Ruha, Tehsil Dhamdha, P.S. Dhamdha, District Durg Chhattisgarh. ... Respondents For Petitioners For State/Respondents No.4 : :
Legal Reasoning
Mr. Ankit Kumar Dani, Advocate Mr. Shaleen Singh Baghel, to 7 Dy. GA ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.04.26 11:44:55 +0530 2 / 6 Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board Per, Ramesh Sinha, C.J. 25/04/2025 1. Heard Mr. Ankit Kumar Dani, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate for the State. 2. The petitioners have filed this petition with following prayer:- 10.1 Issue Direction/Writ of Mandamus to Respondent No.4, 5, 6, 7 to register F.I.R./Supplementary Report against Respondent no.1 ,2, 3 in FIR No.0132/24 based on first information of Petitioner No.1, 2 in the matter of Death by Murder of Fatte Sahu S/o Nohar Sahu, Record the name of petitioner no.1 , 2 as first informant and Record the statement of petitioner no.1, 2 witnesses/Eye witness Santosh Yadav who have appeared before Respondent no.4 in the said case. 10.2 Issue Direction/Writ of Mandamus to Respondent no.4, 5, 6, 7 to conduct Inquiry/Investigation against Respondent no.1, 2, 3 in accordance with mandatory provisions of BNSS for Seizure/Medical Examination/Forensic Test, to conduct Investigation against Respondent no. 1, 2, 3 for the offence of Criminal conspiracy and Murder and to Hon’ble Court, JMFC 3 / 6 Dhamdha, Dist- Durg to take cognizance and issue of process against Respondent no.1, 2, 3 under BNSS. 10.3 Issue Direction/Writ of Mandamus to Hon’ble Court, Fifth Additional District and Sessions Judge, Durg to Decide/Adjudicate the Application under section 319 CRPC/358 BNSS in Accordance with Law and Guidelines of Hon’ble Supreme Court in Session Trial case no.225/2024 by taking into consideration the Deposition made by Petitioner no.1, 2 dated 16.01.2025, 17.01.2025 respectively. 10.4 Any other relief, order or direction as this Hon’ble court may deem fit and proper under the facts and circumstances of this case. 3. The brief facts of the case as projected by the petitioners are that one Fatte sahu s/o Nohar sahu, Resident of Gokul Nagar, Raipur - Dist, Gudhiyari-Tehsil was present in his village - Ruha on 07.08.24 and being a Transgender was not having Heir/Successor and was staying with Accused Domar sahu and Respondent no. 3 whenever he would come to his Village- Ruha. On 07.08.2024 also deceased Fatte sahu was staying with them in their House as usual trusting them for being deceased Relative. On 07.08.2024 Respondent No.1 & 2 after getting drunk came to house of Ajay Sahu S/o Baisakhu sahu where deceased was sitting with complainant/Petitioners, Ajay Sahu and other village people and started abusing/cursing the deceased for not sharing the property and Money according to their 4 / 6 expectations and forcefully took the Deceased from there to the House of said accused and Respondent no. 3 at around 7.30 pm who were already waiting for them. The said accused and Respondent no. 1, 2, 3 together brutally murdered Fatte Sahu by causing severe injuries on Neck, Back/ waist Area & by pressing, Squeezing private part resulting in instant Death. There were marks on the body most likely to be caused by beating with heavy Rod/stick and the bed of the deceased was broken which shows the Resistance by Fatte sahu to save his/her life. 4. Thereafter, the said accused and Respondent no. 1,2,3 at around 9p.m. informed the petitioners/Applicant/ that Fatte Sahu died of heart attack and asked to prepare for last rites in the early morning but the petitioners being close relatives of deceased on being closely looked the body of the deceased found certain injury marks and immediately went to the police station Dhamdha and informed the whole incident and prayed for registration of FIR against all four accused persons for causing brutal murder of the deceased. But the Head Constable registered F.I.R. against one accused Domar Sahu and Respondents No.1, 2 & 3 were escorted free on the night of incident itself without any investigation/enquiry and they are now roaming in Village freely without fear and threatening the complainants and witnesses. However, no action has been taken by the concerned police officer. The Session Court, Durg, recorded deposition of prosecution witness/petitioner no. 1 dated 16.01.2025 who specifically stated the names of Respondent no. 1,2,3 5 / 6 describing their involvement/participation in the Murder/killing of Fatte sahu, however, the charge-sheet has been filed against accused Domar Sahu and no investigation was conducted against Respondents No.1, 2 & 3. Hence this petition. 5. It has been argued by learned counsel for the petitioners that the petitioners are the witnesses in criminal case which has been registered as Crime No.132/2024 in which one Fatte Sahu is deceased and submits that the FIR was registered against Domar Sahu and charge-sheet has also been been submitted against him but there are some other accused involved in the present case i.e. Respondents No.1 to 3 and the petitioner has also filed a complaint before the Magistrate under Section 156 (3) Cr.P.C. for arraying the other Respondents No.1 to 3 also accused in the matter but the same was disposed of by the trial Court vide order dated 28/09/2024, as appears that the offence has already been registered and the matter is under investigation and he submits that as their evidence has come before the trial Court in the said case for participation of accused/Respondent No.1 to 3 has come into light but the trial Court has not taken suo moto cognizance in summoning the said Respondents No.1 to 3 as accused. He would further submit that the petitioner had also tried to make an application under Section 319 Cr.P.C. for arraying said accused persons i.e. Respondents No.1 to 3 to be tried together with Domar Sahu but the aforesaid application has not been accepted by the trial Court. 6. Per contra, learned State counsel would submit that the order 6 / 6 passed by the trial Court is well merited which do not call for any interference and the instant petition deserves to be dismissed. 7. We have heard learned counsel for the parties and perused the documents and record with utmost circumspection. 8. On a pointed query being made by this Court as to whether the petitioners have filed the copy of the application under Section 319 Cr.P.C. in the present writ petition, learned counsel for the petitioners states that he has not filed the same in the present writ petition, therefore, it is not part of the said writ petition. In view of this, we are not inclined to interfere in the matter. 9. Accordingly, the instant petition stands dismissed. However, the petitioners shall be at liberty to take recourse of law as available to them before the appropriate forum. SD/- SD/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu