Merajjul Hasan vs State Of U.P. & 12 Others
2017 Latest Caselaw 3619 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17033 of 2017
 

 
Petitioner :- Merajjul Hasan
 
Respondent :- State Of U.P. & 12 Others
 
Counsel for Petitioner :- Meraj Ahmad Khan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Prabhat Chandra Tripathi,J.

This writ petition, inter alia, has been filed for the following relief;

(A). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to award payment of mandatory compensation to the petitioner for custodial death of petitioner's son Rafeequl Hasan alias Sablu aged about 35 years in police custody for contravention of fundamental right.

In support of his contention, learned counsel for the petitioner has filed the inquiry report dated 15.3.2017 (Annexure No. 6 to the writ petition) conducted by the Additional Sub-Divisional Magistrate, Moradabad in pursuance of the direction passed by the Additional District Magistrate (City), Moradabad.

A perusal of the inquiry report dated 15.3.2017 indicates that the deceased Rafeequl Hasan alias Sablu died in the police custody.

The matter requires consideration.

As prayed by the learned AGA, six weeks' time is granted for filing counter affidavit in the matter.  The petitioner will have two weeks' time thereafter for filing rejoinder affidavit.

List the matter on 26.10.2017 before the regular Court.

This matter shall not be treated as tied up or part heard with this Bench.

Order Date :- 24.8.2017

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