WAHAB KHAN vs STATE OF CHHATTISGARH

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CGHC010431842026 2026:CGHC:46862-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2845 of 2026
1 - Wahab Khan S/o Late Sardar Khan Aged About 67 Years R/o- Bar Para,
Gandhi Chowk, Dunda, Sejbahar, Raipur, (C.G.) Pin- 492015
2 - Nabee Khan S/o Wahab Khan Aged About 39 Years R/o- Bar Para,
Gandhi Chowk, Dunda, Sejbahar, Raipur, (C.G.) Pin- 492015
3 - Abjal Khan S/o Wahab Khan Aged About 47 Years R/o- Bar Para, Gandhi
Chowk, Dunda, Sejbahar, Raipur, (C.G.) Pin- 492015
4 - Khairunnnisha W/o Wahab Khan Aged About 65 Years R/o- Bar Para,
Gandhi Chowk, Dunda, Sejbahar, Raipur, (C.G.) Pin- 492015
... Petitioners
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Home
Affairs, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District-
Raipur (C.G.)
2 - Director General Of Police (D.G.P) Police Headquarters (P.H.Q), Sector-
19, Atal Nagar, Naya Raipur, District- Raipur (C.G.)
3 - Commissioner Of Police Commissionarate Raipur, District- Raipur (C.G.)
4 - Superintendent Of Police (S.P) Raipur, District- Raipur (C.G.)
5 - Station House Officer (S.H.O) Police Station- D.D. Nagar, Raipur, District-
Raipur (C.G.)
6 - Gautam Bhoi Investigating Officer/ Head Constable (No. 414), Police
Station- D.D. Nagar, Raipur, District- Raipur (C.G.)
7 - Arun Tiwari Investigating Officer/ Head Constable (No. 771), Police
Station- D.D. Nagar, Raipur, District- Raipur (C.G.)
... Respondents
For Petitioners : Mr. Md. Anwar Ansari, Advocate
For State : Ms. Anusha Naik, Dy. Government Advocate

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DB: Hon'ble Shri Justice Narendra Kumar Vyas &
Hon'ble Shri Justice Sudhir Kumar
Order on Board
05.11.2026
Per Narendra Kumar Vyas, J.
1. The petitioner/accused has filed the instant petition praying for the
following reliefs:-
"10.1 That, the complete case diary/police record of the matter
be called for, and the competent authorities be directed to
provide clear and legible copies of all relevant documents,
including the post-mortem report and other connected records, in
accordance with law.
10.2 That, the impugned final report/charge sheet dated
28.12.2025 filed by the local police in connection with the
unnatural and suspicious death of the deceased in Crime No.
0260/2025, Police Station D.D. Nagar, Raipur, may kindly be
quashed and set aside in the interest of justice and the
proceedings of the learned trial Magistrate be also ordered to be
stayed until the disposal of the present petition.
10.3 That, this Hon'ble Court may kindly be pleased to direct a
fresh, fair, impartial, and independent further investigation into
the matter through the Central Bureau of Investigation (CBI) or
Crime Investigation Department (CID) or Special Investigation
Team (SIT) under the direct monitoring of this Hon'ble Court, in
accordance with law.
10.4 That, competent authorities may kindly be directed to
examine the material discrepancies in the date, time and
circumstances of the deceased's death and to consider the
relevant medical, electronic and forensic evidence, including the
availability of CDR, tower location and CCTV footage, in
accordance with law.
10.5 That this Hon'ble Court may graciously be pleased to grant
any other appropriate order(s), direction(s), or relief(s) as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case, in the interest of justice."

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2. The facts as reflected from the record are that the complainant lodged
an FIR bearing Crime No. 260/2025 against an unknown person, being
the driver of the offending motorcycle alleging that on 01.03.2025, at
around 03:30 PM, the deceased Rahmatullah Khan, son of petitioner
No. 1, was walking on the road in front of Jaiyka Auto Mobile when a
motorcycle bearing registration No. CG04/ND/8581, being driven
rashly and negligently, dashed against him due to which the deceased
sustained injuries on his head, hands, face and other parts of his body.
Thereafter, he was immediately admitted to AIIMS Hospital, Raipur,
where he succumbed to his injuries on the night of 01.03.2025. On the
basis of the merg intimation received from AIIMS, Raipur, a criminal
case was registered against the driver of the aforesaid motorcycle
under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 and upon
completion of the investigation, the prosecution submitted the charge-
sheet before the learned Judicial Magistrate First Class, Raipur.
3. Learned counsel for the petitioners would submit that there is a
discrepancy in the time of occurrence mentioned in the records
concerning the place of incident, which raises serious doubts regarding
the fairness and proper conduct of the investigation by the prosecution.
He would further submit that the statements of the petitioners, who are
the father and mother of the deceased, have not been recorded during
the course of investigation and also submitted that the prosecution has
collected the relevant materials merely on the basis of a notice issued
under the Motor Vehicles Act, without conducting a proper and effective
investigation and has prayed for the reliefs as mentioned above.
4. Learned counsel for the State opposing the submissions made by
learned counsel for the petitioners would submit that the alleged

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discrepancies and shortcomings in the investigation cannot be
examined by this Court while exercising its jurisdiction under Article
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She would
further submit that the issues raised by the petitioners, particularly with
regard to the alleged defects in the investigation and non-recording of
statements of the petitioners, can very well be adjudicated in the
appropriate claim proceedings under the Motor Vehicles Act and would
pray for dismissal of the petition.
5. We have heard learned counsel for the parties and perused the
documents annexed with the petition.
6. From perusal of the record, it is quite vivid that the statement of the
wife of the deceased has already been recorded during the course of
investigation. It has also been brought to the notice of this Court that
there exists an inter se family dispute between the petitioners and the
wife of the deceased.
7. In view of the fact that the statement of the wife of the deceased has
already been recorded during the course of investigation, and
considering the material available on record, we do not find any
sufficient ground warranting interference by this Court in exercise of its
jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, accordingly, the instant Criminal Miscellaneous Petition
is dismissed.
Sd/-
(Narendra Kumar Vyas)
Sd/-
(Sudhir Kumar)
Judge
Judge
Bhumika