Chattisgarh High Court
Narayan Prasad Chelkar vs State Of Chhattisgarh on 2 May, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:20179-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 204 of 2025
1 - Narayan Prasad Chelkar S/o Dayaram Chelkar Aged About 65
Years R/o Village- Nagaradih, Police Station- Chakarbhatha,
District- Bilaspur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Home (Police)
Department, Atal Nagar, Nawa Raipur, District-Raipur (C.G.)
2 - The Inspector General Of Police Bilaspur Range, District-
Bilaspur (C.G.)
3 - The Superintendent Of Police Bilaspur, District- Bilaspur (C.G.)
4 - The Station House Officer Police Station, Chakarbhatha,
District- Bilaspur (C.G.)
... Respondent(s)
For Petitioner(s) : Mr. Vipin Singh Thakur,Advocate For Respondent/State : Mr. S.S.Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge 2 Order on Board Per Ramesh Sinha, Chief Justice 02/05/2025 The present writ petition has been filed by the petitioners with the following prayers:
10.1. That this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records pertaining to the case.
10.2. That this Hon'ble Court may kindly be pleased to direct the respondent NO.3 to conduct proper enquiry into the death of the petitioner's son Darshan Chelkar and submit challan before the competent court under Section 193 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
10.3. That any other relief/order which may deem fit and just in the facts and circumstances of the case including the award of the cost of the petition may be given."
2. Brief facts of the case are that son of the petitioner namely Darshan Chelkar, aged about 17 years was missing from the house since 10.04.2024. The petitioner and other family members made efforts to trace out and on 11.04.2024, lodged a missing report at police station Chakarbhata and Crime No. 1742024 was registered against unknown person for the offence under Section 363 of the IPC. On 12.04.2024, the petitioner received information that his son is lying dead near the canal and after receiving the 3 information, he rushed to the spot and found the dead body of his son which was enfold with iron wire and there were several injuries on his body. Thereafter information was given to the police authorities and the body was sent for postmortem examination by the Community Health Centre Bilha to CIMS Bilaspur for forensic expert opinion. After conducting the autopsy, the doctor has given the report mentioning the following injuries:
" Blackish reddish fluid coming out from the mouth and nostrils. Foul smell coming out from the body. Genitilia was swollen. Abdomen dis intended. Marbling evident over upper chest region and both the thigh region. Greenish discoloration is evident all over the body. Face found swollen and congested. Pealing of skin evident all over body at places. Stool pass off. Grey color maggots crawling over upper chest, neck, face and head region (size0.1 to 0.3cm). Scalp hairs peel off on slight effort. Both eyes protruded out from socket. Mouth semi open, tongue bitten between teeth, both upper extremities semi flexed and both lower limb straight, fists semi open. Rigor pass off. Early state of washer women hand and feet appearance evident over both hand and foot. Gnawing effect present over dorsal aspect of left foot."
The concerned doctor has not disclosed the cause of death of the deceased while giving the post mortem report.
3. Contention of the learned counsel for the petitioner is that the action on the part of the police authorities bad in law. He submits that the son of the petitioner has been killed and the convict has not been arrested by the police till date. He submits 4 that the doctor who had conducted the post mortem report has also not disclosed the cause of death of the deceased. He further submits that on 13.08.24, the petitioner has filed application before the higher police authorities for conducting proper enquiry into the matter but till the date the respondents have not carried proper investigation.
4. Learned State counsel submits that in compliance of the court's order dated 17.04.2025, the Superintendent of Police, Bilaspur has filed the affidavit which is reproduced as under:
"1. That, the brief case of the petitioner as projected by him in the instant writ petition is that, since 10.04.2024 at about 3 pm, the son of the petitioner namely Darshan Chelkar, aged about 17 years was missing from the house. The petitioner and other family members tried their level best to trace out his son, but he could not be traced out, therefore, on 11.04.2024, the petitioner lodged a Missing Person Report before the Police Station Chakarbhatha and on the basis of which, a Crime No. 174/2024 has been registered against unknown person for the offence under Section 363 of the Indian Penal Code, 1860.
2. That, on 12.04.2024, the petitioner informed the Police Station Chakarbhatha, that his minor son is lying dead near canal, the petitioner immediately rushed to the spot and saw the dead body of his minor son. The police prepared Naksha Panchyatnama and it was found the electric wire and wooden stick were wrapped around the body of the deceased. It was further observed that there were no visible injuries found on the dead body of the deceased. Thereafter, the Police authorities sent the dead body for postmortem.
3. That, in the postmortem report it was revealed 5 that there was an electrocution injury and a lacerated wound present over the arm of the deceased. However, with regard to the cause of death it was opined by the doctor as "Cause of death remains pending"; therefore, the case was sent for FSL examination.
4. That, the Regional Forensic Science Laboratory, Bilaspur in its report dated 16.04.2025 mentions the presence of Zinc Phosphide (Rat Poison) and Ethyl Alcohol in the VISCERA of the deceased and the diatom test of the deceased was found negative. Copies of the FSL reports dated 21.05.2024 & 30.09.2024.
5. That, on 19.03.2025, the office of the Inspector General of Police, Bilaspur Range, Bilaspur, Chhattisgarh has issued a letter to the Superintendent of Police, District Bilaspur (C.G.) regarding supplementary report of the complaint made by the present petitioner whereby, it has categorically been informed that, on due investigation, it was revealed that, in the matter, Morgue No. 23/2024 has been registered and in the FSL report, Rat Poison (Chuhamar) and Ethyl Alcohol was found and the sternum bone examination report is not obtained.
6. That, on 16.04.2025, the concerned Station House Officer, Police Station Chakarbhatha, District Bilaspur has sent a letter to the Senior Superintendent of Police, District Bilaspur (C.G.) regarding supplementary report with regard to the compliant made by the petitioner wherein, it has categorically been informed that, on the basis of investigation, in the matter, a Morgue No. 23/2024 under Section 174 Cr.P.C. has been registered and in the FSL Report, Chuhamar and Ethyl Alcohol was found and after obtaining the sternum bone examination, an instruction has been issued for submitting the supplementary report in this regard after due legal action.6
7. That, it is further informed by the report dated 16.04.2025 that, the postmortem of the dead body was conducted by the Community Health Centre, Bilha, District Bilaspur. In the postmortem report, the Doctor did not mention the exact cause of death of the deceased and advised to preserve the VISCERA and sternum bone of the deceased and conduct chemical tests and diatom tests to know the actual cause of death.
8. That, it is further informed by the report dated 16.04.2025 that, the VISCERA of the deceased was tested at Regional Forensic Science Laboratory, Bilaspur. The FSL report mentions the presence of Zine Phosphide (Rat Poison) and Ethyl Alcohol in the VISCERA of the deceased and the diatom test of the deceased was negative.
9. That, it is further informed by the report dated 16.4.2025 that the police has recorded the statement of the witnesses and they have stated that, the deceased was deaf and dumb since childhood and that he had no dispute or enmity with anyone. On investigation of the case, it was found that, the death of the deceased was due to consumption of rat poison and there was no suspicion or doubt about the death. No criminal incident has been found to have taken place in the present case. The Morgue investigation is complete and is eligible for closure."
5. It has been stated that after receiving the postmortem report, cause of death could not be ascertained and report of the FSL and Viscera was awaited and it is stated that rat poison was found which mentions that there was presence of Ethyl Alcohol and Zinc Phosphide as per the FSL report. It is stated that after due investigation the police intends to file a closure report before the competent court and the same would be filed at the earliest. 7
6. In view of the same, the present petition is accordingly disposed of with liberty to the petitioner to take recourse to law if aggrieved by the closure report.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Digitally
signed by
SUGUNA
SUGUNA DUBEY
DUBEY Date:
2025.05.03
11:55:19
+0530