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High Court Of ChhattisgarhWPCR/12/2018disposed off

Smt. Beronika Tirkey v. State Of Chhattisgarh

2020-12-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Criminal) No. 12 of 2018 • Smt. Beronika Tirkey Wd/o Late Shri Manku Tirkey, Aged About 50 Years Occupation Service Posted As Peon, Government Girls School, Ambikapur, R/o Girls Education Premises, Qr. No. 11, Ambikapur, P. S. Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Home Department Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur Chhattisgarh,

2. Inspector General Of Police, Ambikapur, District Sarguja Chhattisgarh

3. Superintendent Of Police, Balrampur, District Balrampur Chhattisgarh

4. Station House Officer, Ramchandrapur, District Balrampur Chhattisgarh ---Respondents For Petitioner : Shri Sunil Sahu, Advocate For Respondents/ State : Shri Animesh Tiwari, Dy. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03.12.2020.

1.

By way of this petition, the petitioner seek direction to the respondents authority to register FIR against the accused persons for commission of offence of rape and murder of her daughter and investigate the matter.

2.

Learned counsel for the petitioner submits that the police has registered case against the accused persons for commission of offence under Section 306/34 of IPC whereas it is an offence of rape with murder, therefore, appropriate direction may be issued for further

investigation.

3.

Learned counsel for the State submits that the matter is fairly investigated and the police is likely to file charge sheet against the accused persons very soon after due investigation. 4.

Since the offences alleged to have been committed by the accused(s) have thoroughly been investigated and charge sheet is likely to be filed, it would be inappropriate to issue any direction at this stage. However, if the charge sheet is not filed for offences as per law, the petitioner would be at liberty to proceed in accordance with law by invoking the remedy available under the law.

5.

With the aforesaid observations/ directions, the writ petition stands disposed off.

Sd/- (Sanjay K. Agrawal) JUDGE Bini