DURGA DEVI KATHOLIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard Mr. C.R.Sahu and Mr. Vinod Kumar Dewangan, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Advocate General along with Mr. S.S. Baghel, learned Deputy Government Advocate appearing for the respondents/State.

(2.) By way of this writ petition the petitioners have prayed for following reliefs:-

(3.) The grievance of the petitioners, in brief, is that petitioner No. 1 is the wife, and petitioners No. 2 and 3 are the family members of the deceased Durgendra Katholiya. The police of Police Station Arjuni registered FIR No. 47/2025 against the said Durgendra Katholiya for offences under Ss. 420, 467, and 468 of the Indian Penal Code. Pursuant to the said FIR, the police arrested Durgendra Katholiya on 29/3/2025 at about 5:00 p.m., and subsequently produced him before the learned Chief Judicial Magistrate, Dhamtari, on 31/3/2025 for remand. At the time of production, Durgendra Katholiya was in good health. After remand, he was taken back to the custody of Police Station Arjuni, District Dhamtari, Chhattisgarh, on the same day at about 5:00 p.m. Thereafter, the staff of Police Station Arjuni grossly misused their authority and subjected Durgendra Katholiya to third-degree torture while in custody. As a result, he sustained multiple injuries, approximately 2530 in number on his left hand, chest, thigh, knee, leg, face, and nose, as observed on his dead body. Due to such brutal torture, Durgendra Katholiya succumbed to his injuries and died in police custody on 31/3/2025 at around 8:00 p.m. Subsequently, on the next day, i.e., 1/4/2025 at about 11:00 a.m., the concerned police officers falsely informed that Durgendra Katholiya had fallen ill and admitted him to the District Hospital, Dhamtari, while suppressing the fact of his death. The police then registered Merg No. 16/2025, and post-mortem was conducted on the same day at about 5:00 p.m. Thereafter, the body was handed over to the petitioners. Upon receiving the body, the petitioners noticed multiple injuries as mentioned above and came to know that Durgendra Katholiya had died due to custodial torture at Police Station Arjuni, District Dhamtari. The petitioners thereafter submitted several complaints before the competent authorities seeking registration of an FIR against respondents No. 7 and 8 for offences punishable under Ss. 103 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), but no action has been taken till date, despite a lapse of about one and a half months. Due to such inaction, the petitioners are suffering severe mental agony, and the family's livelihood has been adversely affected, while respondents No. 7 and 8 continue to roam freely without accountability. Therefore, the petitioners have preferred this writ petition, seeking appropriate directions to the respondent authorities to take legal action on their complaint and to register an FIR against respondents No. 7 and 8 at the earliest.