D.Arun, v. P.Subramani
Case brief
What is this about?
Petitioner sought mandamus for compensation claiming human rights violations and illegal arrest during criminal proceedings. Court held mere acquittal does not entitle compensation and rejected petition as not maintainable.
What did the court decide?
No compensation awarded; petition dismissed as not maintainable.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2016
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA
W.P.No.5765 of 2016
D.Arun ... Petitioner
Vs. 1) P.Subramani 2) Inspector of Police, Latheri Police Station, Latheri, Vellore District. (Crime No.257/2004) ... Respondents
Prayer :
Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing both the respondent no.1 & 2, jointly and severably to pay compensation of amount of Rupees Two Hundreds and Seventy Crores @ the rate of 5% percentage interest per month till the date of order of the case to the petitioner for the losses occurred from 27.09.2004 dated to 02.07.2015 dated by both the respondents no.1 and 2, for filling of false drama case on the petitioner and with willfully violation of Human Rights to the petitioner by the respondents no.2 to the petitioner.
For Petitioner : Mr.D.Arun Party – in – Person For Respondents: Mr.P.Sanjay Gandhi
Additional Government Pleader
Issues for consideration
1 issue framed by the court
Whether a petitioner acquitted after facing criminal charges can claim compensation for violation of dictum in D.K. Basu without having agitated the same earlier.
Parties & counsel
- petitioner
D. Arun
- respondent
P. Subramani
- respondent
Inspector of Police, Latheri Police Station, Latheri, Vellore District
Coram
Case details
As recorded by the court registry
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