Dismissed

Pramod Kumar v. The State Of Bihar and Ors.

Patna HC29 Jun 2016CWJC/22248/2013

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ application filed by Sub-Inspector Pramod Kumar. The petitioner sought liberty to realize compensation directed by the BhRC against State officers for a wrongful arrest. The court held the application premature as no record indicated the State had taken steps to recover the amount.

What did the court decide?

Writ application dismissed as premature; liberty to realize compensation denied pending State action.

Pramod Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22248 of 2013

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====================================================== 1. Pramod Kumar S/O Rameshwar Prasad R/O Vill . - Bakour, P.O. - Paithana, P.S. - Islampur, District - Nalanda, A/P Sub-Inspector Of Police, Police Lines, Banka, Dist. - Banka .... .... Petitioner/s Versus 1. The State Of Bihar , Through The Principal Secretary, Home (Special) Department, Govt. Of Bihar, Patna 2. The Secretary, Human Right Commission, Bihar, Patna 3. Director General Cum Inspector General Of Police, Bihar, Patna 4. Inspector General of Police, Bhagalpur 5. Deputy Inspector General Of Police, Munger Range, Munger 6. Superintendent Of Police, Khagaria 7. Superintendent Of Police, Banka 8. Jabuddin Khan S/O Late Allauddin Khan R/O Vill - Salim Nagar, P.S. - Mahesh Khut, Dist. - Khagaria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Yash Singh For the Respondent/s : Mr. A.Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 29-06-2016 Heard both sides.

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The application seems to be premature as the Bihar Human Right Commission ( for short ‘BHRC’), on a consideration of the complaint made before it directed the State to pay compensation to the aggrieved party/person. However, a liberty is granted to realize the amount of compensation from the officer concerned found at fault in effecting arrest of a wrong person. According to the petitioner, the State respondents have informed him of the order.

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Patna High Court CWJC No.22248 of 2013 (3) dt.29-06-2016

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2/2

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There is nothing on record to indicate that the State respondents have taken steps to realize the compensation amount in proportion from the petitioner. In my view the writ application is pre-mature.

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It is dismissed as such.

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(Kishore Kumar Mandal, J)

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Shyam/-

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Pramod Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Pramod Kumar v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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