Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 4130 of 2018 Bharat Ku. Barik ..... Petitioner Mr. D.K. Sahoo, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 17.11.2025
Order No. 17
1. This matter is taken up through hybrid mode.
2. Heard Mr. D.K. Sahoo, learned counsel appearing for the Petitioner and Mr. M.R. Mohanty, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. It is contended that even though in the counter affidavit, it has been fairly admitted that Petitioner has been wrongly arrested and remained in custody for the period from 03.11.2017 to 13.11.2017, but basing on the order passed by the Odisha Human Rights Commission and the application made by the father of the Petitioner, Petitioner is eligible and entitled to get the compensation as prayed for.
4. Learned Addl. Govt. Advocate though on the other hand admits that Petitioner was wrongly apprehended and remained in custody, but placing reliance on a decision of this Court in the case of Prabir Kumar Das Vs. State of Odisha reported in 2007 SCC OnLine Ori 343, contended that in case of similar nature, where during such illegal detention the person concerned died, this Court assessed the compensation at Rs.3,00,000/-. It is accordingly contended that since
Page 2 of 2. the Petitioner has already received a sum of Rs.50,000/-, further compensation of Rs.1,00,000/- will be just and proper.
5. Having heard learned counsel appearing for the Parties, considering the submission made and in view of the clear admission that Petitioner has been wrongly arrested and remained in custody for the period from 03.11.2017 to 13.11.2017, this Court in addition to the compensation already received pursuant to the order passed by the Odisha Human Rights Commission, directs Opp. Party No. 1 to pay a further compensation amount of Rs.1,50,000/- to the Petitioner. The said amount be released within a period of six (6) weeks from the date of receipt of this order. However, it is open for the Opp. Party No. 1 to recover the entire compensation amount of Rs.2,00,000/- from the erring officer, who wrongly made the arrest of the Petitioner.
6. The writ petition accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY) Judge Sneha