Custodial Death Case: MP High Court Stays Order Directing State To Pay ₹20 Lakh To Deceased Victim's Family; CBI Probe To Continue

While hearing an appeal preferred by the State of Madhya Pradesh against the single bench decision in a recent custodial death case, the division bench of Justice Rohit Arya and Justice Milind Ramesh Phadke on Monday stayed the direction requiring State to pay Rs. 20 lakh as compensation to the victim's family. The original petition was filed before the Gwalior Bench of the High Court by the son of the deceased. It was alleged by the petitioner that his father had reached Police Station, Belgada to register an FIR, however, he was made to sit and an amount of Rs. 20,000 was demanded by police personnel for lodging the FIR. Subsequently, the deceased was taken in illegal custody in 2019, was mercilessly beaten and assaulted, resulting in his death. An FIR was then registered under Sections 302, 306, 342, 34 of IPC and Section 7 of the Prevention of Corruption Act, 1988. However, despite the FIR and despite receiving orders for magisterial enquiry, the investigating officer sat over the investigation for over 2.5 years, which prompted the son of the deceased to move the High Court. The single bench of Justice G.S. Ahluwalia, after perusing the case diary, post-mortem report and the script of the CCTV footage of the police station, had observed that the death took place when the person was in the custody of the police even though he had not been formally arrested. Considering the totality of the facts and circumstances, Justice Ahluwalia had passed directions for transferring the probe to the CBI. The Court had also ordered the State to pay Rs. 20 lakh in compensation to the legal representatives of the deceased and recover the amount from the erring police personnel. Additionally, it had ordered for costs of Rs. 50,000 to be borne by the Investigating Officer, for not conducting investigation.The division bench has now stayed the single bench order to the extent of awarding of the compensation of Rs. 20 lakhs and costs of Rs. 50,000. It said: "Until further orders, the direction for payment of compensation of Rs.20,00,000 (Rs. Twenty Lacs only) and cost of Rs.50,000 (Rs. Fifty Thousand only) is stayed. Besides, the D.G., Police shall comply with the order passed by Single Judge dispassionately and with utmost sincerity albeit without being influenced by the conclusive observations in para 79(i) of the judgement." The division bench, has, however not stayed the CBI investigation, which shall continue in the matter. Case Title: State of Madhya Pradesh and Others v. Ashok Rawat and Others Citation: WA No. 1614 of 2022 Coram: Justice Rohit Arya and Justice Milind Ramesh Phadke Click Here To Read/Download the Order

Custodial Death Case: MP High Court Stays Order Directing State To Pay ₹20 Lakh To Deceased Victim's Family; CBI Probe To Continue

Rahul Garg

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