MOHD LATIF MANSURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition seeking a direction to the respondents to pay compensation to the tune of Rs. five lacs to the petitioner and for taking appropriate action against the police personnel on account of the fact that the petitioner has been illegally detained, beaten and harassed by the police without any authority of law.

(2.) The brief facts on the basis of which the petition has been filed, are that the petitioner is a citizen of India and resident of Anuppur. His elder brother Sheikh Mustak Mansuri had married one Mahjabi Anjum of Jabalpur, however, on account of differences between them she started living separately at Jabalpur and, thereafter, lodged a complaint at Mahila Police Station, Jabalpur, on 18-1-2000 against the petitioner's father, mother, brothers and sisters alleging commission of offence under Section 498-A and 406/34 of the Indian Penal Code in respect of which a Crime No. 4/2000 was registered. It is alleged that on the basis of the First Information Report the police party went to Anuppur, ransacked the petitioner's house, beat up all the inmates including the petitioner, looted valuables and arrested the petitioner's father, mother and brothers on 7-7-2000. It is alleged that though the petitioner's name was not mentioned in the FIR, he was also arrested by the police in place of Hamid whose name was in the FIR. It is stated that in spite of the fact that the petitioner tried hard to convince the police authorities that he was not Hamid the petitioner was sent to judicial custody and a trial was instituted against him and his family members. It is stated that ultimately all of them have been acquitted by judgment dated 18-12-2002 passed by the Judicial Magistrate First Class, Jabalpur in Criminal Case No. 855/2000. It is also stated that the petitioner's father had filed a petition before this Court against the atrocities committed by the respondent/authorities which was registered as W.P.No. 4478/2001 and was disposed of by order dated 21-1-2002 with a direction to the Secretary, Department of Home to get an enquiry conducted by a high ranking officer with regard to the allegations made therein. It is informed that pursuant to the aforesaid directions an enquiry was conducted and none of the police officers was found guilty. It is also informed that a complaint case under Section 200 of the Code of Criminal Procedure against the concerned police officers and personnel is pending adjudication before the Judicial Magistrate First Class, Anuppur. In such circumstances, it is stated that as the petitioner was not named in the FIR, was wrongly detained by mentioning his name as Hamid alias Latif was harassed, prosecuted and beaten up although he was innocent, he, in such circumstances, be awarded compensation to the tune of Rs. five lacs.

(3.) Quite apart from the above, it is an admitted fact that the petitioner Hamid alias Latif was duly prosecuted in the criminal trial and participated in the entire proceedings and in such circumstances, it is difficult to accept that the petitioner was detained for no rhyme or reason without any authority of law as has been claimed by him in the present writ petition claiming compensation in that respect and as the petitioner was duly prosecuted in the trial and that the complaint filed by his father was enquired into and in the enquiry no irregularity was found against the police personnel, the question of awarding compensation to the petitioner does not arise. The petition being misconceived is accordingly dismissed.