Chhattisgarh HC Rejects Parents’ Fresh-Probe Plea Over Son’s Fatal Motorcycle Crash, Noting Wife’s Statement Amid Family Dispute

The case arose from a fatal road accident on 1 March 2025, in which Rahmatullah Khan was allegedly struck by a motorcycle and later died at AIIMS, Raipur.

A case under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, was registered against the motorcycle’s driver, and a charge-sheet was filed before the Judicial Magistrate First Class, Raipur.

The deceased’s parents and other family members sought, among other reliefs, quashing of the charge-sheet and further investigation, alleging discrepancies in the time and circumstances of the incident and deficiencies in the investigation, including the failure to record the petitioners’ statements.

The State opposed the petition, contending that the alleged defects could not be examined in this proceeding and could be addressed in appropriate Motor Vehicles Act claim proceedings.

The Court considered its jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in deciding whether interference was warranted.

The alleged offence was registered under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023.

The Court noted that the statement of the deceased’s wife had been recorded during the investigation and that an inter se family dispute existed between the petitioners and the wife.

Having considered the material on record, the Court found no sufficient ground to interfere under Section 528 BNSS; it therefore declined the requested relief despite the petitioners’ allegations concerning discrepancies and the investigation.

The requested reliefs, including quashing the charge-sheet and directing further investigation, were not granted.