SUNITA KAUR SALUJA Vs. STATE OF C.G.

JUDGEMENT

(1.) By way of instant Petition filed under Sec. 482 of CrPC, the petitioner is seeking quashment / setting -aside of order dtd. 28/6/2024 passed by the learned 14th Additional Sessions Judge, Raipur (C.G.) in Session Trial No. 77/2018, whereby the learned trial Court has rejected the application under Sec. 319 of Cr.P.C filed by the petitioner for impleading name of the main accused namely Ashutosh Banjare (constable no. 371), despite the fact that, his name was mentioned in FIR lodged by the petitioner.

(2.) The brief facts of the case are that Jaswant Singh Saluja (husband of petitioner) has been murdered by the police officials during custody on 9/4/2017 around 7:00 pm to 9:00 pm. Accused Dheeraj Markam is the traffic inspector; accused Lomash Kumar Sahu is the constable; accused Ku. Leela Sahu is the lady constable and accused Sandeep Singh is the police inspector on probation of the concerned police station at the relevant point of time.

(3.) According to the prosecution, while the deceased was travelling on motorcycle with pillion riders Munnala and Dilip Kurre, the traffic inspector stopped him and took away the keys of the motorcycle. Thereafter, scuffle and manhandling took place between the deceased and the traffic policemen, for which a call was made to the police station which was received by the accused Sandeep Singh as recorded in Sanha No. 66. Sandeep Singh rushed to the place of occurrence and brought the deceased to the police station. While the deceased was in police custody, he was severely beaten over his head and other parts on the body. He started bleeding from nostrils and his condition became serious. He was taken to the hospital at 21:00 hours as recorded in Sanha No. 71, however at 21:05 hours the doctor declared him "brought dead". Eventfully, an FIR was subsequently lodged on 21/4/2017 under crime no. 159/2017, for commission of offence punishable under Sec. 302/34 of IPC, after the death rituals of the deceased Jaswant Singh Saluja was over. On the basis of the FIR, the accused Dhiraj Markam, Lomesh Sahu, Lata Sahu and Sandeep Singh were arrested and sent to the judicial custody. But one of the main accused namely Ashutosh Banjare (Constable) who was one of the member, assaulted the deceased in presence of the petitioner and his name was also recorded in the FIR, despite the fact, the said Ashutosh Banjare has not been arrested. Ultimately the petitioner had instituted a writ petition (Criminal) bearing WPCR No. 226/2017 before the Hon'ble High Court, wherein, vide order dtd. 14/9/2017, this Hon'ble Court was kind enough to direct the Superintendent of Police Baloda Bazar to make an inquiry on the complaint made by the petitioner and also directed to produce the report of judicial inquiry before the Court on 30/9/2017. In turn the Superintendent of Police Baloda Bazar submitted an affidavit in respect of the query made by this Hon'ble Court on 6/12/2017. But the issue was not answered as to why the constable Ashutosh Banjare was not subject to investigation despite the fact that the name of the said Ashutosh Banjare appeared in the FIR. Ultimately, the Hon'ble High Court vide its order dtd. 5/5/2023 has disposed the case bearing WPCR No. 226/2017 directing the petitioner to avail the remedies available under Sec. 319 of Cr.P.C. In view of the Hon'ble Court's order dtd. 5/5/2023, the petitioner filed an application under Sec. 319 of Cr.P.C. before the learned trial Court. But, the learned trial Court without taking into the consideration on its right prospective, has rejected the same and fixed the case for final hearing.