SHISHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BY this application under Article 226 of the Constitution the petitioner has prayed for issuance of a writ of mandamus directing the respondents to inquire into the matter leading to the atrocities committed on the petitioner by Officer -in -charge, Godda Police Station and also for a direction to pay adequate compensation to the petitioner for his mental and physical sufference and further to punish the guilty police officers involved in the matter.

(3.) LEARNED counsel for the petitioner submitted that on 5.9.1994 the petitioner himself went to Godda Police Station as he was apprehending danger to his life. The petitioner somehow or other was detained in the lock -up and on 6.9.1994 he was taken to Hunsdiha in the name of search but nothing was recovered and the petitioner was taken back to Godda Police Station and there he was tortured mentally and physically and was handcuffed. Learned counsel for the petitioner further submitted that police has no authority under the law to detain this petitioner without any cause and atrocities could not have been committed on him. On his own showing by the petitioner it appears that the petitioner was released on 6.9.1994 and he was handed over to his father and thereafter the petitioner complained against the Godda police to the Superintendent of Police and also DIG of Police concerned against the atrocities committed by the Godda police and when no action was taken the petitioner approached this Court by way of this writ application in the year 1997.