AMOL VITTHALRAO KADU versus STATE OF MAHARASHTRA & ORS.

AMOL VITTHALRAO KADU versus STATE OF MAHARASHTRA & ORS.

The direction to recover compensation from the Investigating Officer-in-Charge prior to determination of liability is modified. The State may recover from the concerned erring officials only after their liability is established in accordance with law.

Parties
Appellant: Amol Vitthalrao Kadu; Respondents: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
10 December 2018
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment and Order Dated 04.07.2016
Outcome
Appeal disposed of; High Court's direction modified.
Legal Topics
Compensation for Custodial Death, State Liability, Recovery From Erring Officials
Constitutional Law Criminal Law Compensation for Custodial Death State Liability Recovery From Erring Officials

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Amol Vitthalrao Kadu

Appellant

State of Maharashtra & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment and Order Dated 04.07.2016

Legal Issues

  1. 1 Whether compensation for custodial death can be recovered from the Investigating Officer-in-Charge before liability is fixed

Ratio Decidendi

The direction to recover compensation from the Investigating Officer-in-Charge prior to determination of liability is modified. The State may recover from the concerned erring officials only after their liability is established in accordance with law.

Court Disposition

Appeal disposed of; High Court's direction modified.

Orders

  • State shall be at liberty to recover the amount of compensation from the concerned erring officials as and when liability for the crime in question is fastened.
  • Pending applications, if any, also stand disposed of.