CW-2001-0013Banda, Uttar PradeshJudgment 7 February 2001

Girwan Woman v. State of U.P. and Others

The Allahabad High Court (Division Bench, 7-2-2001) held that the beating of a Girwan man, aged 42, by the Station House Officer and head constable of Police Station Girwan, Banda, on 12 April 1994, causing head injuries that led to his death on 14 April 1994, breached his fundamental right to life under Article 21. The court found the head injuries were apparently on account of custodial violence in the police station and applied the strict-liability principle in Nilabati Behera and D.K. Basu. It ordered the State to pay the widow Rs.1,50,000 compensation within three months (in addition to Rs.10,000 ex gratia already paid), with liberty to be indemnified by the wrongdoers, without prejudice to the pending criminal trial. The court also directed the State to arrest the two absconding policemen and inquire into salary payments to them with disciplinary action against those responsible. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 7 February 2001 in C.M.W.P. No. 13814 of 1998, the Allahabad High Court (Coram: Binod Kumar Roy, D. R. Chaudhary, JJ.) returned findings adverse to 2 police personnel, namely: Station House Officer, Police Station Girwan, Banda; Head Constable, Police Station Girwan, Banda, and directed payment of compensation of Rs 1.5 lakh (Rs 1,50,000).

Register number
UP 90 CW 0001
Case reference
C.M.W.P. No. 13814 of 1998 / (2001) 1 AWC 839 : (2001) CriLJ 2090
Court and date
Allahabad High Court (Coram: Binod Kumar Roy, D. R. Chaudhary, JJ.), 7 February 2001
Officer(s) at the material time
Station House Officer, Police Station Girwan, Banda; Head Constable, Police Station Girwan, Banda
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 304 of the Indian Penal Code, 1860; Section 218 of the Indian Penal Code, 1860; Section 193 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860; Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989; Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“The injuries on head are apparently on account of custodial violence in the police station. From the materials on the record, this much is clear to us that a Girwan man's fundamental right to have liberty of life was breached …” (at para 7)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1.5 lakh (Rs 1,50,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Allahabad High Court judgment dated 7 February 2001 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“The injuries on head are apparently on account of custodial violence in the police station. From the materials on the record, this much is clear to us that a Girwan man's fundamental right to have liberty of life was breached …” (para 7)

Institutional response

1
7 Feb 2001

Order issued

Concluded
Allahabad High Court External · Binding

The Allahabad High Court recorded adverse findings against police personnel and ordered Rs 150,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: (2001) 1 AWC 839 : (2001) CriLJ 2090
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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