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2006 Supreme(Cal) 672

BHASKAR BHATTACHARYA, PRABUDDHA SANKAR BANERJEE
PADMA RANI THAKUR – Appellant
Versus
THE SECRETARY, DEPARTMENT OF HOME – Respondent


Advocates Appeared:
INDRAJIT SEN, RABINDRA NATH BAG, SHAMPA SARKAR

BHASKAR BHATTACHARYA, J.

( 1 ) THIS mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated 21st november, 2002, passed by a learned Single Judge of this Court by which His lordship dismissed the writ application filed by the appellant. By the said writ application, the appellant prayed for a direction upon the State Government to pay compensation of Rs. 35 lakh to the appellant for the death of her son in the police-custody due to torture inflicted upon him by the police officials.

( 2 ) THE case made out by the appellant in the writ application may be summed up thus : -

" (a) On 26th February, 1980, the son of the appellant was arrested by the police and was taken to the Golabari Police Station where he was mercilessly beaten and due to such brutal atrocity, he died. The police refused to accept even the written-complaint of the husband of the appellant, as a result, such grievance was lodged before the s. D. J. M. , Howrah. (b) The learned S. D. J. M. took cognizance of the complaint and committed the case to the learned Sessions Court for trial where charges were framed under Section 302/34 of the Indian Penal Code against

























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