DALBIR SINGH versus STATE OF U.P. AND ORS.

DALBIR SINGH versus STATE OF U.P. AND ORS.

Since sanction for prosecution has been granted, chargesheet filed, and cognizance taken, no further direction from Supreme Court is necessary at this stage. Prayer for compensation cannot be accepted because whether the death was custodial is yet to be decided by the appropriate court.

Parties
Petitioner: Dalbir Singh; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
03 February 2009
Procedural Posture
Writ Petition (criminal) / Final Disposition at Supreme Court, Original Jurisdiction
Outcome
Writ Petition disposed of; no further directions issued at present; prayer for compensation not accepted.
Legal Topics
Custodial Death, Police Torture, Compensation, Proof Beyond Reasonable Doubt
Criminal Law Constitutional Law Human Rights Custodial Death Police Torture Compensation Proof Beyond Reasonable Doubt

Case Brief

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Parties

Dalbir Singh

Petitioner

State of U.P. and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Final Disposition at Supreme Court, Original Jurisdiction

Legal Issues

  1. 1 Whether the death of Somvir Singh@Sonu was a custodial death involving police torture
  2. 2 Whether compensation is payable to the petitioner
  3. 3 Whether further directions are needed after sanction for prosecution, chargesheet and cognizance

Ratio Decidendi

Since sanction for prosecution has been granted, chargesheet filed, and cognizance taken, no further direction from Supreme Court is necessary at this stage. Prayer for compensation cannot be accepted because whether the death was custodial is yet to be decided by the appropriate court.

Court Disposition

Writ Petition disposed of; no further directions issued at present; prayer for compensation not accepted.

Orders

  • If evidence surfaces to show other offences, concerned court may pass necessary orders.
  • Compensation will depend upon decision whether there was custodial death.