CW-2009-0001Cuttack, OdishaJudgment 6 January 2009

Mahanga Man vs State of Orissa and Others

The judgment of the Orissa High Court records the following account. A Mahanga man was arrested by Mahanga police in connection with Mahanga PS Case No. 12 of 2003 and detained in the police hazat without being produced before a magistrate. On 1 February 2003, his wife [name withheld] was summoned to the station under pretext of bail and found him dead inside the hazat. A judicial fact-finding inquiry by retired judge Justice C.R. Pal established that the police failed to post a sentry guard in gross violation of police regulations, directly enabling the custodial death. The Orissa High Court held the State vicariously liable for the negligent acts of the police officers and awarded Rs. 3,00,000 in compensation to the petitioner widow. 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 6 January 2009, the Orissa High Court (Coram: B.P. Das, R.N. Biswal, JJ.) returned findings adverse to 6 police personnel, namely: Officer-in-Charge, Mahanga Police Station; Officer-in-Charge, Salipur Police Station; Circle Inspector, Salipur Police Station; Sub-Inspector (2nd Officer), Mahanga Police Station; Constable, Mahanga Police Station; Assistant Sub-Inspector, Mahanga Police Station, and directed payment of compensation of Rs 3 lakh (Rs 3,00,000).

Register number
OD 05 CW 0003
Case reference
2009 (I) OLR 526; 2009 Cri LJ (NOC) 540 (Ori.); (2009) CLT 568 (Suppl Crl)
Court and date
Orissa High Court (Coram: B.P. Das, R.N. Biswal, JJ.), 6 January 2009
Officer(s) at the material time
Officer-in-Charge, Mahanga Police Station; Officer-in-Charge, Salipur Police Station; Circle Inspector, Salipur Police Station; Sub-Inspector (2nd Officer), Mahanga Police Station; Constable, Mahanga Police Station; Assistant Sub-Inspector, Mahanga Police Station
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India; Article 226 of the Constitution of India; the Police Act, 1861; Rule 239-B of the Orissa Police Manual
Finding of the Court (extract)
“However, the irresistible conclusion would be that the State Government is vicariously liable to compensate the petitioner because the deceased has lost his life and the petitioner has lost her husband due to negligent act of the concerned Police Officers.” (at para 7)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 3 lakh (Rs 3,00,000).
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 Orissa High Court judgment dated 6 January 2009 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.

“However, the irresistible conclusion would be that the State Government is vicariously liable to compensate the petitioner because the deceased has lost his life and the petitioner has lost her husband due to negligent act of the concerned Police Officers.” (para 7)

Institutional response

1
6 Jan 2009

Order issued

Concluded
Orissa High Court External · Binding

The Orissa High Court recorded adverse findings against police personnel and ordered Rs 300,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: 2009 (I) OLR 526; 2009 Cri LJ (NOC) 540 (Ori.); (2009) CLT 568 (Suppl Crl)
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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