SAVITRI DWIVEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Art. 226 of the Constitution of India seeking following reliefs:-

(2.) The facts as projected by the petitioner, are that she is an old lady and house wife residing at Raipur. On 19/10/2014, at around 9-10 p.m. petitioner's elder son- Ashok Dwivedi and his friend- Agyey Datt Mishra had gone to Ramkrishna Hospital to see one of their friends who was admitted in hospital. Her younger son- Abhishek received a call from his sister-in-law- Suresha Dwivedi (who is working as Deputy Superintendent of Police) informing him that his elder brother's mobile is not connected and requested him to go and check whereabouts near Telibandha Police Station. Petitioner's two sons namely Arvind and Abhishek went to Police Station- Telibandha where they saw that their elder brother- Ashok Dwivedi and his friend- Agyey Datt Mishra were beaten brutally by the Police inside the Police Station. It is submitted that on seeing this, both the sons were shocked and objected for such an inhuman behaviour of the police officers with their elder brother, on which the police officers/ private respondents became furious and started beating two sons of the petitioner ruthlessly as well. The said inhuman conduct of ruthless beating continued till 4 a.m. in the morning and when sons of the petitioner became unconscious they were taken to Mekahara Hospital where her elder son- Ashok Dwivedi was admitted and was being treated as he is unable to even talk properly on account of the serious injuries sustained by him.

(3.) On 22/10/2014 when petitioner's elder son- Ashok Dwivedi regained consciousness then the petitioner asked as to what had happened on the date of incident and how such an incident had occurred on which, he told the petitioner that when they were returning from Ramkrishna Hospital and in front of Telibandha Police Station, one motorcycle rider, who was driving vehicle very recklessly came in front of their car, elder son of the petitioner and his friend told the person driving the motorcycle not to drive the vehicle in such a way as it may cause serious accident. However, the motorcycle rider with three more friends suddenly started quarreling with son of the petitioner and his friend. At that point of time, Agyey Datt Mishra made call to Police Station- Telibandha from where two constables came and took all the motorcycle riders to the police station. Respondent No. 6- Gautam Netam- Assistant Sub-Inspector, who seems to have drunk heavily came and suddenly started abusing Ashok Dwivedi to which objected by saying that "we have come to lodge a report and you are not supposed to talk to us such filthy language". Upon hearing this, the Assistant Sub-Inspector became furious and slapped Ashok Dwivedi, who made a call to his wife namely Suresha Dwivedi, who is also working in the same department as Deputy Superintendent of Police at Janjgir-Champa and informed her about the incident. Upon which, Goutam Netam again slapped and told him in filthy language that "call whomsoever you want to" and thereafter started assaulting Ashok Dwivedi. During beating, his mobile phone fell down thereafter, Goutam Netam and other private respondents took him inside the police station and thereafter started beating him severely. Ashok Dwivedi and Agyey Datt Mishra were also looted by Goutam Netam, which includes one gold chain, one gold ring and wrist watch and Rs.8000.00 cash. All the private respondents who were present in the police station also started beating Ashok Dwivedi.