Madhya Pradesh High Court
Kishore Samrite vs The State Of Madhya Pradesh on 13 March, 2019
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.28580/2018 (PIL)
(Kishore Samrite Vs. State of M.P. & others)
- 1 -
Jabalpur, Dated : 13-03-2019
Shri Kashi Ram Patel, learned counsel for the
petitioner.
Shri Bhoopesh Tiwari, learned Government
Advocate for the respondents/State.
Heard on the question of admission.
This petition has been filed by the petitioner by way of a public interest litigation praying for a direction to the respondent police authorities to inform the reality about the death of one Heera Lal, who it is alleged was killed in a false encounter by the police. The petitioner has also prayed for directing the authorities to conduct a re-postmortem of the body of the deceased and to get an enquiry conducted in the incident by the CBI or the NIA authorities.
The respondents have filed a return and have stated that the area in question i.e. Baihar tehsil of District-Balaghat, is a Naxalite affected area and that an encounter between the police and the Naxalities took place in the jurisdiction of Police outpost-Godari falling under Police Station-Hatta, District-Balaghat. The respondents have stated that after the encounter was over, the body of one Heera Lal Tekam, resident of Dahiya Tola, village-Daabri, was found at a little distance away from the place where the encounter took place.
It is stated that immediately a report in this regard was lodged and the body of Heera Lal was sent for THE HIGH COURT OF MADHYA PRADESH Writ Petition No.28580/2018 (PIL) (Kishore Samrite Vs. State of M.P. & others)
- 2 -
postmortem, which was conducted, not by a single doctor but by a panel of doctors of District Hospital- Balaghat, according to which the deceased Heera Lal died due to hemorrhagic shock on account of an injury on the head. As per the postmortem report, there was no bullet injury or any other injury on the body of the deceased which could indicate that he has either been shot in an encounter or otherwise.
It is submitted that the petition has been filed by the petitioner simply on the basis of a newspaper report and false allegations have been levelled against the respondents that Heera Lal was shot dead by the police in a false encounter. The respondents have stated on affidavit that Heera Lal did not die in an encounter but died on account of hemorrhagic shock resulting from an injury on the head. The respondents have filed the documents in support of their submissions.
In view of the aforesaid facts brought on record by the respondents, it is clear that the police has disclosed the manner of death of the deceased Heera Lal and have also conducted the postmortem, as prayed for by the petitioner in the present petition.
In the circumstances, we do not find that any further direction is required to be issued in the present petition as all the necessary steps have already been taken up by the police and would also be taken by them in future.
THE HIGH COURT OF MADHYA PRADESH Writ Petition No.28580/2018 (PIL) (Kishore Samrite Vs. State of M.P. & others)
- 3 -
In view of the aforesaid, the petition filed by the petitioner, being meritless, is accordingly, dismissed.
(R. S. JHA) (SANJAY DWIVEDI)
JUDGE JUDGE
pp.
Digitally signed by
PUSHPENDRA PATEL
Date: 2019.03.27
11:38:47 +05'30'