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High Court Of ChhattisgarhWPCR/132/2017dismissed

Bipra Nahak v. State Of Chhattisgarh

2019-03-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 132 of 2017 Bipra Nahak, S/o. Late Raghunath Nahak, Aged About 63 Years, R/o. Village- Dola, Thana And Post- Ramnagar, Colliery, TahsilBijuri, District- Anooppur, Madhya Pradesh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Home Department, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Superintendent Of Police, Raipur, District Raipur, Chhattisgarh

3. Station House Officer, P.S. Tikrapara, Raipur, District- Raipur, Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Manish Thakur, Advocate For State :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 08.03.2019 Heard 1.

The present petition is filed for the following reliefs :- (i) That, the Hon'ble court may kindly be pleased to issue a Writ of MANDAMUS directing the respondents to commence investigation to get the quick justice in the matter for loss of his young and promising son and prays for immediate action against the three culprits.

(ii) That, this Hon'ble court may kindly be pleased to issue any writ or direction or order as deem fit in the interest of justice. 2.

The reply of the State and the documents filed along with the reply is perused. The postmortem report shows that Akash Nahak died

due to asphyxia as a result of hanging. The statement of Prashant Kumar Nahak would show that Akash was a student of Engineering and could not pass out few of the subjects of the Semester Exam, as such, according to him, he committed suicide. 3.

The statement of Sushant Nahak and Laxminarayan is also perused. After going through the statements of the witnesses, the postmortem report and the statements which have been recorded under the merg enquiry prima facie, it appears that the death was due to suicide by hanging.

4.

In a result, no further enquiry can be ordered at this stage by this Court. Accordingly, the petition is dismissed. The petitioner, if so advised, may avail the appropriate remedy available to him in filing the complaint.

Sd/- (Goutam Bhaduri) Judge Vishakha / Ashok