Case Note & Summary
The petitioner, Vijay Dashrath Pandagale, filed a criminal writ petition seeking implementation of an order dated 12.02.2013 passed by the Judicial Magistrate First Class, Chikhali, in Criminal Case No.16/2005. The Magistrate had directed the State Government to compensate the petitioner for the loss of a gold necklace weighing 17.950 gm, which was kept as muddemal property at the police station but went missing from police custody. Despite the order, no compensation was paid. The High Court issued notice, and the District Collector filed an affidavit stating that action had been initiated to recover the amount from the salaries of two police head constables (Sheikh Shabbir and Ravindra Rane) in equal installments, and that the amount would be paid to the complainant after recovery. The court found this approach unacceptable, holding that the complainant was not at fault for the loss of property while in police custody. The court directed the State to pay the compensation immediately and then recover the amount from the erring officials. The petition was disposed of with directions to the Collector to pay the compensation within four weeks.
Headnote
A) Criminal Law - Compensation for Lost Muddemal Property - State's Vicarious Liability - The State is liable to compensate the complainant immediately for the loss of seized property while in police custody, without waiting for recovery from delinquent officials - The court held that the complainant cannot be made to wait for recovery from erring employees, and the State must pay first and then recover from the concerned officials (Paras 4-5).
Issue of Consideration
Whether the State can delay payment of compensation to a complainant for lost muddemal property until recovery from erring police officials is completed.
Final Decision
The High Court disposed of the petition with a direction to the District Collector, Buldhana, to pay the compensation amount to the petitioner within four weeks from the date of the order, and thereafter recover the amount from the erring police officials.
Law Points
- Compensation for lost muddemal property
- State's vicarious liability
- recovery from delinquent employees
- implementation of court orders
Case Details
2015 LawText (BOM) (02) 152
Criminal Writ Petition No. 49/2015
A. B. Chaudhari, P. N. Deshmukh
Mrs. S. P. Kulkarni for petitioner; Mr. T. A. Mirza, A.P.P. for respondent-State
The State of Maharashtra, through Collector, Buldhana; The Police Station Officer, P. S. Chikhali, Dist. Buldhana
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Nature of Litigation
Criminal writ petition seeking implementation of a magistrate's order for compensation for lost muddemal property.
Remedy Sought
Petitioner sought direction to the State to pay compensation for lost gold necklace as ordered by the trial court.
Filing Reason
Non-implementation of the trial court's order dated 12.02.2013 directing compensation for loss of muddemal property from police custody.
Previous Decisions
Judicial Magistrate First Class, Chikhali, in Criminal Case No.16/2005 acquitted the accused and directed the State to compensate the complainant for the lost gold necklace.
Issues
Whether the State can delay payment of compensation to the complainant until recovery from erring police officials is completed.
Submissions/Arguments
Petitioner argued that the trial court's order for compensation was not implemented.
State submitted that action was initiated to recover the amount from the salaries of the concerned police head constables and would be paid to the complainant after recovery.
Ratio Decidendi
The State is vicariously liable for loss of property while in police custody and must compensate the complainant immediately without waiting for recovery from delinquent employees; the State can later recover the amount from the erring officials.
Judgment Excerpts
Therefore, to ask the petitioner-complainant to wait till the recovery is made in accordance with the statement in paragraph 4 of the affidavit above is not acceptable to us.
We, therefore, direct the District Collector, Buldhana to pay the compensation amount to the petitioner within four weeks from today and thereafter recover the same from the erring police officials.
Procedural History
The petitioner's letter was treated as a writ petition. Notice was issued, and the District Collector filed an affidavit. The court heard the matter and passed the final order on 11.02.2015.
Acts & Sections
- Indian Penal Code, 1860: 379
