# Athagarh Man vs State Of Orissa And Others

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## Report card

By judgment dated 22 December 2011 in W.P.(C) No. 10891 of 2009, the Orissa High Court (Coram: B.N. Mahapatra, V. Gopala Gowda, JJ.) returned findings adverse to 2 police personnel, namely: Assistant Sub-Inspector, Athagarh Police Station; Constable, Athagarh Police Station, and directed payment of compensation of Rs 4 lakh (Rs 4,00,000).

- Register number: OD 05 CW 0004
- Case reference: W.P.(C) No. 10891 of 2009
- Court and date: Orissa High Court (Coram: B.N. Mahapatra, V. Gopala Gowda, JJ.), 22 December 2011
- Officer(s) at the material time: Assistant Sub-Inspector, Athagarh Police Station; Constable, Athagarh 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; Article 227 of the Constitution of India; Section 47 of the Code of Criminal Procedure, 1973; Section 457 of the Indian Penal Code, 1860; Section 302 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract): “The fact that an Athagarh man did not die due to assault by the Police does not mitigate the violation of human right of an Athagarh man and his family members. The Police was guilty of entering into the house …” (at para 9)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 4 lakh (Rs 4,00,000).
- 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://indiankanoon.org/doc/107672213/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2011-0023)

**Record:** CW-2011-0023 (compiler id CWC-0285); case ODISHA-009
**Title:** Athagarh Man vs State Of Orissa And Others
**Court:** Orissa High Court; judges: B.N. Mahapatra; V. Gopala Gowda
**Case number / citation:** W.P.(C) No. 10891 of 2009
**Judgment:** 2011-12-22 (2011, day precision)
**Incident date:** 2007-06-14 (2007)
**Place:** Cuttack, Odisha; city town: Athagarh; police station or unit: Athagarh Police Station; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Article 21; Article 226; Article 227; CrPC 47; IPC 457; IPC 302; IPC 34
**Officers (gated display forms):** Assistant Sub-Inspector, Athagarh Police Station; Constable, Athagarh Police Station (2 in record)
**Victims:** Athagarh man, age 20 (1 in record)
**Sentence / compensation:** compensation only; Rs 4 lakh (Rs 4,00,000)
**Sentence type:** compensation only (compensation_only)

The judgment of the Orissa High Court records the following account. On 14 June 2007, an Athagarh police team led by ASI unlawfully scaled the boundary wall of Rohit Behera house late at night without a warrant, ostensible justification, or woman officer, searching for an individual not involved in any cognizable offence. In the course of the raid, 20-year-old an Athagarh man died when police entered the room where he was asleep. The Orissa State Human Rights Commission found that although physical assault was not proved, the proximate cause of death was fright caused by the unauthorized police raid, breaching Section 47 CrPC and Article 21. The Orissa High Court affirmed these findings and enhanced the compensation from Rs. 1,00,000 to Rs. 4,00,000, directing the State to pay the additional Rs. 3,00,000 with 9% interest on default. Matters not addressed in the cited judgment text are not recorded here.

> The fact that an Athagarh man did not die due to assault by the Police does not mitigate the violation of human right of an Athagarh man and his family members. The Police was guilty of entering into the house of the petitioner in the late hours of the night of occurrence.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/107672213/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', '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:** 9
**display title redacted:** Athagarh 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': '2011-12-22', '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 400,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'W.P.(C) No. 10891 of 2009', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/107672213/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**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 upheld OHRC finding of police excesses in nocturnal house raid violating Article 21 and Section 47 CrPC, enhancing compensation for youth death from Rs. 1 lakh to Rs. 4 lakh.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

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