# Mahanga Man vs State of Orissa and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2009-0001](https://datalibertarian.in/babuwatch/incident/CW-2009-0001)

## 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.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/99655/ahalya-pradhan-vs-state-of-orissa-and-others/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2009-0001)

**Record:** CW-2009-0001 (compiler id CWC-0286); case EAST---NORTHEAST-005; aliases: CWC-0553
**Title:** Mahanga Man vs State of Orissa and Others
**Court:** Orissa High Court; judges: B.P. Das; R.N. Biswal
**Case number / citation:** 2009 (I) OLR 526; 2009 Cri LJ (NOC) 540 (Ori.); (2009) CLT 568 (Suppl Crl)
**Judgment:** 2009-01-06 (2009, day precision)
**Incident date:** 2003-02-01 (2003)
**Place:** Cuttack, Odisha; city town: Mahanga; police station or unit: Mahanga Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Article 21; Article 226; Police Act 1861; Orissa Police Manual Rule 239-B
**Officers (gated display forms):** 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 (3 in record)
**Victims:** Mahanga man (1 in record)
**Sentence / compensation:** compensation only; Rs 3 lakh (Rs 3,00,000)
**Sentence type:** compensation only (compensation_only)

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.

> 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.

**Sources (3):** [courtkutchehry.com](https://www.courtkutchehry.com/judgements/99655/ahalya-pradhan-vs-state-of-orissa-and-others/); [sooperkanoon.com](https://sooperkanoon.com/case/526276/ahalya-pradhan-vs-state-orissa-ors); [casemine.com](https://www.casemine.com/judgement/in/56ea892e607dba378d9d43f8)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 7
**display title redacted:** Mahanga Man vs State of Orissa and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2009-01-06', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Orissa High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Orissa High Court recorded adverse findings against police personnel and ordered Rs 300,000.', 'disposition': '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)', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.courtkutchehry.com/judgements/99655/ahalya-pradhan-vs-state-of-orissa-and-others/', 'link_checked': None}; {'url': 'https://sooperkanoon.com/case/526276/ahalya-pradhan-vs-state-orissa-ors', 'link_checked': None}; {'url': 'https://www.casemine.com/judgement/in/56ea892e607dba378d9d43f8', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Orissa HC held State vicariously liable for custodial death in police hazat due to gross police negligence and failure to provide sentry watch, awarding Rs. 3 lakh compensation to widow.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2009-0001](https://datalibertarian.in/babuwatch/incident/CW-2009-0001)