Amol Vitthalrao Kadu vs State of Maharashtra & Ors.

Court

Supreme Court of India

Date

10 December 2018

Case No.

Criminal Appeal No. 1585 of 2018

Result

Disposed

Bench

Uday Umesh Lalit, R. Subhash Reddy

Citation

[2018] 14 S.C.R. 1227 : 2018 INSC 1185

Headnote

Compensation:

Compensation for custodial death – Granted by High Court – Directing the State to pay at the first instance and then to recover the same from the Investigating Officer-in-Charge – Appeal by the Investigating Officer-in-charge taking plea that unless and until liability is fixed, court should not have directed recovery from him – Held: Direction of the High Court is modified to the extent that as and when the liability for the crime in question is fastened, the State shall be at liberty to recover the compensation amount from the concerned erring officials.

Delhi Airtech Services Private Limited and Anr. v. State of Uttar Pradesh and Anr. (2011) 9 SCC 354 : [2012]

12 SCR 191 – relied on.

D.K. Basu v. State of West Bengal (1997) 1 SCC 416 : [1996] 10 Suppl. SCR 284 – referred to.

The Judgement of the Court was delivered by UDAY UMESH LALIT, J. 1. Leave granted. 2. Criminal Writ Petition No.39/2015 was preferred by parents and daughter of one Pravin alleging that said Pravin met with unnatural death while he was in police lock-up, Vajirabad Police Station, Nanded. 3. After considering the relevant documents, the High Court directed the State to make over a sum of Rs.7 lakhs by way of compensation to the writ petitioners. The compensation has been made over by the State to the writ petitioners. The High Court also directed that said amount be recovered from the Inves

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