IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
JOHNSON – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. claim for compensation for wrongful prosecution. (Para 1 , 2 , 3) |
| 2. hearing details presented. (Para 4) |
| 3. court's observations on evidence and acquittal. (Para 5 , 6) |
| 4. conditions for compensation under article 226. (Para 8 , 9) |
| 5. precedents on entitlement to compensation. (Para 11 , 12 , 13) |
| 6. decision rendered by the court. (Para 15) |
JUDGMENT
Petitioner has invoked the jurisdiction of this Court under Article
226 of the Constitution of India claiming compensation for wrongful and malicious prosecution as well as for his illegal detention, pursuant to the registration of a crime. Petitioner also seeks for a direction to consider his representation claiming compensation within a time frame.
2. Petitioner is a fisherman who was arraigned as an accused in Crime No.1298/2017 of Vizhinjam Police Station, Thiruvananthapuram. The crime was registered alleging the commission of theft of a boat engine, belonging to the fourth respondent. Petitioner alleges that he was falsely implicated as an accused in the crime and had to undergo fourteen days of custody pursuant to his arrest. According to the petitioner, without any evidence being collected during investigation, the p
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