Court : Orissa
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7431 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------Ritima Dehuri W/o Late Udayanath Dehuri At/PO- Kanknamendhi P.S. Banigocha, Daspala, Dist: Nayagarh Petitioner -VrsState of Orissa and others For Petitioner ... : For Opp. Parties : Opp. parties M/s M.M.Pattnaik, D.P.Mohapatra, A.K.Sahu & P.Das Government Advocate ----------- P R E S E N T: THE HONBLE THE CHIEF JUSTICE V. GOPALA GOWDA AND THE HONBLE MR. JUSTICE B.N. MAHAPATRA -------------------------------------------------------------------------------------Date of Judgment:14. 03.2012 -------------------------------------------------------------------------------------B.N. MAHAPATRA, J.Petitioner, the mother of late Nalita Kumar Dehuri, who was arrested, detained and died in police custody, files this writ petition seeking for a direction to opposite parties to initiate a criminal proceeding against the erring police officers and for ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1881; JT2009(7)SC566; 2009(5)KarLJ257; 2009(7)SCALE6; (2009)6SCC61; 2009AIRSCW3378
Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court setting aside the judgment of acquittal recorded by learned Third Additional Sessions Judge, Bangalore. Learned Sessions Judge have found the accused appellant guilty of offence punishable under Section 498A and 302 of the Indian Penal Code, 1860 (In short the `IPC').2. Background facts leading to the prosecution of the appellant are as follows:On 13/14.2.1994 Smt. Mythradevi (hereinafter referred to as the `deceased') was done to death in the bedroom of the matrimonial home of the deceased. According to 'the investigation reports by about 6 a.m. on 14.2.1994 the inmates of the matrimonial home of the deceased learnt about the suspicious death of the deceased. By 9.30 a.m. on the very same day parents of the deceased came to the matrimonial home of the deceased after hearing the news of death of their daughter Mythradevi. Father of the deceased (P.W.6) informed the same to t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT754
ORDERGoda Raghuram, J.Competing interpretations of recurrent-contemporaneous events:1. Since the inception of the naxalite movement in Andhra Pradesh in 1969, 551 police personnel were killed including one DIG, two S.Ps, five D.S.Ps; 16 Inspectors and 49 Sub-Inspectors. 2928 civilians were killed; public and private property worth hundred of crores of rupees was destroyed; the extremist groups indulged in mindless violence and committed brutal murders. The naxal violence increased since 1991. They deliberately ambush and attack police with sophisticated firearms and explosives. In order to create terror the Maoists are also targeting functionaries of ruling political parties and killing them brutally - (counter affidavit of the Director General of Police in W.P. No. 15419/06 including Annexures 2 and 7)2. The State Executive for the first time started extra-legal killing which is popularly known as Encounter since 1968 and as on today in the name of alleged encounter the State has snat...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1363
1. Dr. S.C. Mishra is the Chief Medical Officer working in Dr. Ram Manohar Lohia Hospital, New Delhi. His son Abhishek Mishra was studying in B.I.T., Mesra, Ranchi, Jharkhand.2. On 08.12.2006, he received a telephone call from one Ragini, the daughter of Shri Laloo Prasad Yadav, Union Railway Minister, who is also studying in same college and a college friend of his son, informing him that Abhishek his son got drowned in Dassam Fall.3. Then the parents of the deceased as well as the relatives of the deceased took flight and came to the spot on 09.12.2006, only on the next day.4. The body was fished out from Dassam Falls. He found serious cut injuries on the body of the deceased. Without conducting any investigation as to real cause of death, the police hurriedly made an announcement that death was due to drowning.5. He was informed that Ragini Kumari and two other friends, who accompanied to Dassam Falls, were taken to the Chief Minister's House on 08.12.2006 night. Thereafter, they we...
Tag this Judgment!Court : Guwahati
B.P. Katakey, J. 1. The present Writ Application has been filed by Mr. Noklenlemba, father of Late Tiaba Ao who was allegedly died in police custody. By the present writ application, the petitioner prayed for awarding compensation in favour of the wife and the minor children of the deceased as well as to the writ petitioner for the said custodial death and also to fix the responsibility on the guilty officers and to take criminal action against them.2. Heard Mr. Imti Longchar, learned Counsel for the petitioner and also Ms. Y. Longkumer, learned Govt. Advocate for the respondents.3. This Court, vide order dated 11.10.2001, while issuing notice of motion directed the learned Addl. Deputy Commissioner (Judicial), Tuensang to cause an enquiry leading to the custodial death of the said deceased and after recording the evidences, both oral and documentary submit report. Accordingly report dated 21.2.2002 was submitted by Shri L.N. Sema, Addl. Deputy Commissioner (Judicial) Tuensang. The w...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
Tag this Judgment!Court : Guwahati
V.D. Gyani, Actg. C.J.1. Basic facts of this case are substantially admitted. The only difference is in the nature of defence set up by the respondents, otherwise it is an admitted position that the father of petitioner Nos. 2 to 4 and the husband of petitioner No. 1 was picked up by the army on 13.9.1997.2. While the writ petitioners' claim is that on 13.9.1997 at about 4.00 p.m. a group of army personnel came to the tea stall while Bhupen Choudhury, their father was engaged in his own tea stall, he was asked to go with them to their camp. Handing over the charge of his tea stall to one of his sons, he went with the army personnel. At the same time another person by name Krishna Sarmah was also picked up, who was the manager of another nearby tea stall. When he did not return by night, the petitioners with four other local persons went to Khairabari Army Camp around 9 a.m. They reached at the gate of the army camp and requested the sentry on duty to allow them to meet the Major. An a...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALD(Cri)252; 1998(1)ALT(Cri)15; 1998CriLJ46
ORDER1. The petitioner, the father of his deceased second son - G. Satish, a ninth class student of Sri Krishnaveni Residential School, Poranki, Vijayawada, and who was found to be dead on 24-2-1997 within the premises of the Residential School, has a serious grievance that it is a case of murder, where the concerned police people who are investigating the matter and the authorities of the residential school are projecting it as a case of suicide by hanging. Therefore, he is seeking a direction from this Court to the respondents 1 to 6 who are (1) The Director General of Police, Andhra Pradesh, Hyderabad, (2) The Commissioner of Police, Vijayawada, (3) The Dy. Commissioner of Police, Vijayawada, (4) The Assistant Commissioner of Police, Vijayawada, (5) Circle Inspector of Police, Gannavaram, Krishna district and (6) Sub-Inspector of Police, Penamaluru Police Station, Krishna district to register the F.I.R. under section 302 read with S. 34 I.P.C., 120A and 120B, I.P.C. and for a direct...
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)95; 1997CriLJ2713
ORDERA.V. Savant, J. 1. Heard both the learned Counsel. 2. The petition is by an unfortunate father whose daughter deceased Mangaleshwari was married to Bhagwati Prasad Samwal at Ulhasnagar, Thane. It is stated in the petition that the marriage had put great financial strain on the petitioner and had virtually crippled him financially, since the petitioner was required to provide several items in lieu of dowry. It is alleged that a room at Manpada in Thane was also required to be purchased for the son-in-law Bhagwati Prasad and the petitioner had to spend Rs. 56,000/- for the room. Despite this, whenever the poor girl Mangaleshwari visited her parents, she was complaining of harassment and cruelty and demand of additional items such as sewing machine etc. Mangaleshwari was being taunted saying that if Bhagwati Prasad had married some other girl, he would have got more than Rs. 3,00,000/--as dowry. 3. In the morning of 6th July, 1996 when the petitioner visited his daughter's house viz....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ632
Lokeshwar Singh Panta, J.1. Petitioners, namely, Dev Kala (widow), Usha, Dodi, Kolti (minor daughters), Uttami (mother), Duni Chand and Jeet Ram, brothers of deceased Bhinder Singh have filed this writ petition claiming a sum of Rs. 2,00,000/- as compensation on account of the death of said Bhinder Singh in police custody by merciless beating by the police.2. The relevant facts giving rise to the present writ petition are as follows:3. On 2.6.1993 there was a robbery in village Mashara Thawa Kothi Naggar, District Kullu and Manali. Police registered case F.I.R. No. 110 of 1993 dated 4.6.1993 under Sections 457/380 Indian Penal Code. Chhaju Ram, respondent No. 4, was Station House Officer and A.S.I. Sohan Lai, respondent No. 5, was the Additional Station House Officer attached to Manali Police Station. Both these police officials had summoned Bhinder Singh amongst others in connection with the investigation of the said F.I.R. He was arrested on 5.6.1993. The petitioners have alleged tha...
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