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2012 Supreme(Ori) 213

V.GOPALA GOWDA, S.K.MISHRA
Ramesh Das – Appellant
Versus
State of Orissa – Respondent


JUDGMENT


S. K. MISHRA, J.

Parents of the deceased Sukanta Das alias Budha Biswal have filed this writ application claiming compensation of Rs. 5,00,000/- for the custodial death of their son.

2. Facts are not in dispute. One Abani Kanta Mohanty, son of Krushna Chandra Mohanty of Kalamandap Road, Dolamundei, P. S. Purighat, Dist. Cuttack presented a written report at Purighat Police Station to the effect that at about 7 p.m. of that evening the deceased was caught red handed while taking away three pieces of aluminium bar after committing theft of the same. On the basis of such report, Purighat Police Station Case No. 140 dated 21-06-2003 was registered for the offence under Section 380 of the I.P.C. As the deceased was found to be 14 years old, he was treated as a juvenile delinquent and was produced before the Chief Judicial Magistrate, Cuttack in connection with G.R. Case No. 848 of 2003. The learned Chief Judicial Magistrate, Cuttack remanded the deceased to the observation home at Berhampur till 13-08-2003. On the same day later on, learned Chief Judicial Magistrate directed for compliance of Section 19 of the Juvenile Justice Act, though by the time, Juvenile Justice Act was rep












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