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SUSHRUT ARVIND DHARMADHIKARI
Sushrut Arvind Dharmadhikari – Appellant
Versus
Inder Singh – Respondent
ORDER
1. With the consent of the parties, this petition is heard finally.
2. The instant writ petition has been filed under Article 226 of the Constitution of India seeking direction to the respondents to pay him the compensation for his illegal detention for almost four years in jail.
3. The brief facts leading to filing of this case are that the petitioner is a poor villager, resident of Village Pathari, Police Station Bhichuva, District Chhindwara. The FIR was registered against the petitioner for the offence under Section 302 of the IPC. Vide judgment dated 14.03.2005 passed in Sessions Trial No.176/2004, the petitioner was sentenced to Rigorous Imprisonment for life and fine of Rs.1000/- in default of fine further Rigorous Imprisonment for one month. Being aggrieved by the conviction and sentence dated 14.03.2005 the petitioner preferred a Criminal Appeal which was registered as Cr.A. No.845/2005. Vide judgment dated 25.09.2006 Court modified the conviction and sentence of the petitioner as mentioned in para-7 of the order as under:-
7- 'In the circumstances of the case and considering the nature of injury, we are of the opinion that this is a case of culpable homicide not amounti
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 this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
Illegal detention without due process violates Article 21 of the Constitution, warranting compensation for the affected individual.
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....
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