RAJAU Vs. STATE OF C.G.

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondents to pay a sum of' Rs. 5 lacs to the petitioner as compensation for causing damage to his right eye and further, a direction to grant Rs. 10.000/- for expenses of treatment.

(2.) THE facts, in nutshell as projected by the petitioner is that Rajmati Bai, who is the daughter-in-law of the petitioner, after the death of her husband namely Shiv Charan, started living in village Navagaon alongwith her two children. One child namely Ramesh was living with his grand lather i.e. the petitioner. One day, Rajmati Bai came and took Ramesh with her without the permission of the petitioner. Thereafter, Rajmati approached the police outpost at Sambalpur to lodge a report. The petitioner also reached there. The respondent No. 2, who was the Incharge of the outpost Sambalpur, slapped the petitioner which led to damage of right eye of the petitioner. Thus, this petition for grant of compensation.

(3.) LEARNED counsel appearing for the respondents 1 and 3 would submit that there was a dispute between the petitioner and his daughter-in-law Rajmati Bai with regard to custody of Ramesh. On 4th March, 2004, the petitioner alongwith Rajmati and Ramesh went to the police outpost for assistance. A complaint was lodged by Rajmati against the petitioner that Rajmati may be allowed to take her son Ramesh with her. It was further complained that the petitioner has illegally and unauthorizedly detained her son Ramesh and not permitting her to take Ramesh with her. A counselling was done and ultimately, the petitioner agreed to send Ramesh with her mother Rajmati Bai. Thereafter on 25th April, 2004, the petitioner filed a written report before the Station House Officer, Police Station. Nandghat stating that the respondent No. 2 has assaulted him as a result the attire worn by him was torn off and the glass of the spectacles was broken, which had caused damage to his right eye. The Senior Superintendent of Police, Durg, by order dated 27th July, 2004 (Annexure R/4) directed the Sub Divisional Officer (Police), Bemetara [for short SDO(P)'], to enquire into the complaint lodged by the petitioner with regard to the damage of right eye of the petitioner. The petitioner did not mention anything in the hospital where he has undergone treatment as is evident from Annexure R/5. In the enquiry report submitted by the SDO(P), complaint of the petitioner was found to be false and as such, no action was thereafter required. Shri Bhatia would further submit that no such incident, as alleged by the petitioner, has taken place at the police out post as nothing has been found in the enquiry. The report was lodged by the petitioner subsequently after a period of more than one month on 25th April, 2004 when the alleged incident had taken place on 04th March, 2004 and that too, on the advice of the local Member of Legislative Assembly.