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High CourtsSingle Bench(2012) 08 JH CK 0022

Chotu Gorai vs State of Jharkhand and Others

Jharkhand High Court · Decided on 7 August 2012 · Citation: (2013) 1 AJR 73

HON’BLE JUDGES
Aparesh Kumar Singh, J
RESULT
Dismissed
CASE NUMBER
WP (C) No. 7211 of 2005

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Judgment

7 paragraphs · 349 words

Aparesh Kumar Singh

1.

Heard learned counsel for the parties. This will petition has been preferred for a direction upon the respondents to pay compensation of Rs. 10.00 lacs to the petitioner on account of death of his minor son in a brutal attack by the police while he was returning from the school along with his mother.

2.

The matter was adjourned on the last occasion in order to enable the learned counsel for the State to seek the latest instruction in the criminal case arising out of Mango P.S. Case No. 53/2005.

3.

A supplementary counter affidavit has been filed on behalf of the state bringing on record the judgement dated 3rd September 2011 passed in the trial arising out of the aforesaid P.S. case being G.R. Case No. 306/2005 T.R. No. 24/2011.

4.

Learned counsel for the respondents submits that by the aforesaid judgement the learned trial court has acquitted the accused person from the charges of having committed the said offence u/s 304A/153 IPC. Learned counsel for the respondents further submits that the criminal case arising out of the same incidence has ended in acquittal of the accused person, therefore, the contention of the petitioner claiming compensation from the State for the alleged acts of brutality by a police personnel is no where made out and as such, the writ petition has got no merit and it should be dismissed.

5.

Learned counsel for the petitioner, however, has not been able to refute the aforesaid contention that the criminal case arising out of the same incidence has ended in acquittal of the accused person and nothing remains in the matter for seeking compensation under Article 226 of the Constitution of India angainst the State official.

6.

In view of above, there is no merit in this writ petition as the criminal offence, for which the petitioner has sought compensation has ended in acquittal of the accused person after the trial in the aforesaid judgement and the factum of responsibility of police personnel has not been established. Therefore, this writ petition is dismissed having no merit.