RAJEEV RANJAN PRASAD
Bhaglu Mandal – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the petitioner and Mr. Sheo Shankar Prasad, learned SC-8 for the State.
2. Petitioner, in the present case, is seeking compensation for his illegal detention in prison from 24.07.2016 to 01.08.2016.
Case of the Petitioner
3. It is stated that the petitioner was made an accused in Sadar P.S., Darbhanga Case No.27 of 1993 dated 14.02.1993 for the offences under Sections 148, 149, 109, 331, 332, 353, 341, 504, 307, 431 IPC, Sections 26/27 of the Arms Act and Sections 3/4 of the Explosive Substance Act.
4. In the said case, the petitioner faced trial in the court of learned Additional Sessions Judge, Fast Track Court, First, Darbhanga and vide judgment dated 13.09.2010 passed by the learned trial court, he was acquitted after finding him innocent on the ground of lack of evidence. A copy of the judgment of the learned trial court has been placed on record as Annexure-2 to the writ application.
5. It is alleged that on 24.07.2016, the officer incharge, Sonaki O.P. (Darbhanga P.S.) came at the house of the petitioner with some constables and took him in custody. The specific case of the petitioner is that despite his request saying that he had already been acqui
The judgment established the principle that illegal detention and malicious prosecution by the police warrant the grant of compensation under the public law remedy, emphasizing the violation of funda....
The main legal point established in the judgment is the principle of 'Public Law Damage', which empowers constitutional courts to award compensation under public law to redress grievances arising fro....
Point of Law : As per Section 36 of the Abkari Act, while conducting the search the same is to be made in accordance to the Code of Criminal Procedure, provided that the persons called upon to attend....
The judgment established the power of constitutional courts to award compensation for contravention of fundamental rights in public law proceedings.
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