VINESH KURREY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition (Cr) under Article 226 of the Constitution of India mainly contending that the son of Dinesh Kurrey, Bhupendra Kumar Kurrey aged about 22 years, resident of Bhaiso, District Janjgir-Champa has gone to attend wine Murga party with one Sammi Sagar, Pawan Diwakar, Tuleshwar Diwakar and Shiv Prasad Bande. After consuming liquor Bhupendra and Narendra came back to their home and on the same day at about 07:00 pm at the house of petitioner deceased Bhupendra Kurrey was further called by the accused persons Sammi Sagar Maheshwari, Pawan Diwakar, Shiv Prasad Bande and Tuleshwar Diwakar who carried Bhupendra Diwakar to Bhagolwa Tank near Jhilmili Road at Baiso where Tuleshwar Diwakar and Shiv Bande had again given wine to the deceased Bhupendra. Sammi Sagar and Pawan Diwakar were also present there. Thereafter, deceased Bhupendra Diwakar was feeling pain as such the accused persons have given celphos in place of Hajmola which caused suffocation, thereafter, the petitioner Vinesh Kurrey reached there and took him to the hospital where he died.

(2.) On the basis of the report of the petitioner, FIR was lodged at Police Station Pamgarh against Tuleshwar Diwakar and Shiv Prasad Bandey for the offence punishable under Section 302,34 IPC and they were arrested and produced before the Judicial Magistrate First Class Pamgarh but no offence against Sammi Sagar Maheshwari and Pawan Diwakar has been made out. It was further contended that both the persons Sammi Sagar Maheshwari and Pawan Diwakar were also co-accused but no offence has been registered against them.

(3.) The petitioner has submitted applications before the Superintendent of Police, Janjgir, District Janjgir-Champa on 28.12.2020 and 04.03.2021 for registering the offence against Sammi Sagar Maheshwari and Pawan Diwakar but no attention was paid by the Superintendent of Police, therefore, he filed writ petition and prayed for following reliefs :-