Chhattisgarh High Court Orders ₹1 Lakh Compensation for Wrongful Arrest Due to Name Mix-Up
In a recent ruling, the Chhattisgarh High Court has directed the State government to provide ₹1 lakh in compensation to an individual who was unjustly incarcerated for nearly 8 months due to a mistaken identity with a criminal suspect [Podiyaami Bhima v State & Ors].
Chief Justice Ramesh Sinha and Justice Rajani Dubey, presiding over the case, issued this order in response to a plea filed by Podiyaami Bhima, the petitioner. Bhima had sought compensation for his unlawful detention, revealing that he had spent 7 months and 26 days in jail as a result of his wrongful arrest.
The petitioner's legal counsel highlighted that a previous ruling by an additional sessions judge in Dantewada, issued last year, had declared Bhima's detention as unauthorized since he had no connection to the criminal case at hand. Interestingly, the criminal case was registered against an individual who shared the same name as the petitioner.
In light of the erroneous arrest, the additional sessions judge not only called for an inquiry into the conduct of the responsible police officer but also emphasized the lack of due diligence exercised during the petitioner's arrest.
The State's legal representative acknowledged the wrongful nature of the petitioner's detention. They further informed the Court that an internal investigation had been conducted against the officer responsible for the wrongful arrest. However, it was discovered that the said police officer had passed away subsequent to the incident.
Considering these submissions, the Court decreed that the State must remunerate the petitioner with ₹1 lakh as compensation within a span of two months.
The Court order stated, "We are of the view that the State is obligated to provide ₹1,00,000 as compensation to the petitioner for the unlawful detention within a period of two months."
Advocate Praveen Dhurandhar presented the petitioner, while advocate Madhunisha Singh represented the State authorities in the case.
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TAGS: The Chhattisgarh High Court compensation ₹1 lakh wrongful arrest mistaken identity Podiyaami Bhima Chief Justice Ramesh Sinha Justice Rajani Dubey plea unlawful detention 7 months and 26 days additional sessions judge Dantewada criminal case name mix-up police officer due diligence State counsel internal investigation remuneration Court order advocate Praveen Dhurandhar advocate Madhunisha Singh.
