Santosh Nisad vs State Of Chhattisgarh on 11 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                              1




                                                                     2026:CGHC:11582-DB
                                                                                      NAFR
          Digitally
          signed by

                                 HIGH COURT OF CHHATTISGARH AT BILASPUR
          BABLU
BABLU     RAJENDRA
RAJENDRA  BHANARKAR
BHANARKAR Date:
          2026.03.12
          10:21:40
          +0530




                                                WPCR No. 111 of 2026

                       Santosh Nisad S/o Kapil Nisad Aged About 48 Years R/o Schoolpara
                       Sarseni Puske, Chowki Malhar, Police Station Masturi, District Bilaspur
                       (C.G.)
                                                                           ... Petitioner(s)
                                                            versus
                       1 - State Of Chhattisgarh Through Station House Officer, Police Station
                       Masturi, District- Bilaspur (C.G.)
                       2 - Superintendent Of Police Bilaspur (C.G.) Having Office Beside
                       Collectorate Near Nehru Chowk, Bilaspur (C.G.)
                                                                           ... Respondent(s)

For Petitioner(s) : Ms.Deepali Gupta, Advocate For Respondent(s) : Mr.S.S.Baghel, Government Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 11.03.2026

1. Heard Ms.Deepali Gupta, learned counsel for the petitioner as

well as Mr.S.S.Baghel, learned Government Advocate appearing for the

respondents.

2. The present petition has been filed by the petitioner with the

following prayers:

"10.1 That the Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction directing a fresh, fair and impartial investigation into the death of the petitioner's son Suraj Nisad by an independent investigating agency such as CID/CBI/SIT, under the supervision of this Hon'ble Court;

10.2 Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

3. In compliance of the Court's order dated 26.02.2026, the Senior

Superintendent of Police, District Bilaspur has filed his personal

affidavit, which is reproduced hereinbelow:-

"1. That 1 am presently posted as Sr. Superintendent of Police District Bilaspur (CG) and the present affidavit is sworn in by the deponent in compliance of the directions of the Hon'ble Court.

2. That the petitioner has preferred the captioned writ petition praying for a direction to the respondents for conducting a fresh, fair and impartial investigation into the death of the petitioner's son Suraj Nisad by an independent investigating agency such as CID/CBI/SIT, under the supervision of this Hon'ble Court.

3. That on complaint being received in respect to the unnatural death of a 18 years old the Police as per the provisions of section 194 of the BNSS Act, 2023 has registered the Merg No. 60/2025 on 25/06/2025 at Police Station Masturi District Bilaspur and after completing the inquest a Panchanama of the body of the deceased has also been prepared in presence of the Executive

Magistrate/Tahsildar Masturi. Similarly the team of Sr. Scientific Officer, State Forensic Science Laboratory, Bilaspur has also examined the place of incident from where the body of the deceased has been recovered and after chemical examination and photography of the scene of crime submitted its report dated 23/07/2025 wherein the cause of death is asphyxia due to partial hanging. Copy of the report dated 23/07/2025 of the Scene of Crime Unit, Bilaspur is annexed herewith as Document- A.

4. That the body of the deceased has been identified to be of deceased Suraj Nisad who is son of the present petitioner and thereafter the body of the deceased has been sent for post mortem at Community Health Centre, Masturi District Bilaspur.

5. That Dr. Anil Kumar, Medical Officer/Block Medical Officer, Community Health Centre, Masturi District Bilaspur has examined the dead body of the deceased and gave its opinion that the cause of death is Asphyxia due to hanging and is suicidal in nature. Copy of the post mortem report is annexed herewith Document-B.

6. That during Merg investigation the statement of the brother of deceased namely Shiv Kumar Kewat, Ritu Raj Kewat, Bhaw Singh Nishad, Ku.Shivani Nishad (sister of deceased), Hemant Kumar Nishad, Mukesh Kumar Nishad, Akash Verman was recorded and from bare perunal of the statements it is evident that the sister of the deceased namely Shivani Nishad had stated that she had heard that the accused Ankit Nishad and Shyam Sundar had assaulted the deceased there quarrel between them 30/06/2025 and had assaulted the deceased with hands and fist. Copies of the statements recorded during merg

enquiry are collectively annexed herewith as Document- C.

7. That after due investigation in the Merg the police of Police Station Masturi registered the FIR as per provisions of section 173 of the BNSS at Crime No. 445/2025 on 13/07/2025 for the offence punishable under sections 118, 3(5) of BNS, 2023 against the accused Ankit Kumar Nishad and Shyam Sundar Nishad.

8. That the police after registration of the FIR has duly investigated the matter and the accused persons namely Ankit Kumar Nishad and Shyam Sundar Nishad were arrested by the police on 13/07/2025 and the police after due investigation of the Crime filed the charge sheet against the accused persons for the offence punishable under sections 108, 3(5) of BNS, 2023 before the Court of Learned Judicial Magistrate Frist Class, Bilaspur District Bilaspur vide Challan No. 469 dated 09/09/2025. Copy of the excerpts of the charge sheet is annexed herewith as Document-D.

9. It is respectfully submitted that the Learned Judicial Magistrate First Class, Bilaspur vide its order dated 28/10/2025 in Criminal Case No. 26173/2025 took cognizance upon the charge sheet filed by the prosecution and the case is committed to the Sessions Judge, Bilaspur and presently the Sessions Trial No. 263/2025 is pending adjudication before the Court of Learned Sessions Judge, Bilaspur and where the statement of witness Rituraj Kaiwarth has been recorded on 24th February, 2026. Copy of the statement of Rituraj Kaiwarth before the Learned Trial Court in ST No. 263/2025 is annexed herewith as Document-E.

10. In view of the above it is thus clear that the police has

duly investigated the unnatural death of deceased by registering the merg and after investigation in the merg the FIR has been registered and wherein the police after due investigation has filed charge sheet against the accused persons and presently the matter is pending before the Trial Court in ST No. 263/2025 and thus the instant petition deserves to be dismissed.

11. That the above submissions and documents may kindly be taken on record of the case."

4. It is stated by the learned Government Advocate appearing for the

respondents/State that charges have been framed against the accused

persons and that the statement of Ritu Raj Kaiwartya (PW-1), who

happens to be a friend of the deceased, has been recorded.

5. Learned counsel for the petitioner submits that the trial court is

proceeding on the assumption that it is a case of suicide, whereas it is a

case of murder. However, it is not possible for the complainant to lead

evidence of murder as the investigation has been conducted treating

the matter as a case of suicide.

6. As the trial is in progress and the complainant's statement is yet to

be recorded, it is open to the complainant to lead evidence regarding

murder, as it has been argued that a case of murder has been treated

as a case of suicide. If at any stage of the trial the trial Court is of the

view, based on the evidence produced before it, that the case alleged

by the petitioner that his son was murdered is made out, it shall proceed

in accordance with law.

7. With the aforesaid observation and direction, the present writ

petition stands disposed of. However, it is made clear that this Court

has not expressed any opinion on the merits of the case.

                       Sd/-                                        Sd/-

              (Ravindra Kumar Agrawal)                     (Ramesh Sinha)
                    Judge                                    Chief Justice




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