Constitution of India, Article 21, 226, 136 – Custodial high-handed acts by police officer – Compensation – Held that there is enough material to indicate that respondent no.2 did commit excesses against the appellant, as the same has also been found in an enquiry by the Commission as also relied upon by the High Court and such finding has not been varied or interfered with -Thus, the Court has no hesitation in strongly denouncing such high-handed action by the respondent no.2, who being in a position of power, totally abused his official position – However, in view of the fact that the respondent no.2 has superannuated and during the course of the present proceedings Rs.1,00,000/-, apart from Rs. 75,000/- what was ordered by the High Court, has also been paid by the respondent no.2 from his own pocket to the appellant, which the appellant accepted, the Court finds that the matter now requires to be finally given a quietus – Appellant has additionally receivedRs.25,000/- as ordered by the Commission -Power of the High Court under Article 226 of the Constitution of India to award compensation is undoubtable – Appeal stands disposed of by upholding the Impugned Judgment, with the modification that the respondent no.2 is held liable to pay a further sum of Rs.1,00,000/- to the appellant. However, as the same stands already complied with, no further steps are required to be taken by the respondent no.2. (Para 21 and 22)
SUPREME COURT OF INDIA
2024 STPL(Web) 217 SC
[2024 INSC 232]
SOMNATH Vs. STATE OF MAHARASHTRA & ORS.
Criminal Appeal No. 1717 of 2024 ( @ Special Leave Petition (Crl.) No.2600 of 2019)-Decided on 18-3-2024
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