JUDGMENT :

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 Investigating Officer-In-charge as under:

“6. The amount ordered shall be recovered from the Investigating Officer/in-charge at the relevant time in Crime No.104 of 2013, Vimantal Police Station, Nanded. The State shall also pay costs of this petition to the petitioners.”

4. The Investigating Officer-In-Charge has appealed against the aforementioned direction contending, inter alia that unless and until the liability or responsibility is fixed, the appellant ought not to have been directed to make over the payment.

5. The law on the point has been summarized by this Court in D.K. Basu vs. State of West Bengal, (1997) 1 SCC 416:-

“54. Thus, to