Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17033 of 2017 Petitioner :- Merajjul Hasan Respondent :- State Of U.P. & 12 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
An affidavit of compliance has been filed by the District Magistrate, Moradabad and the same is taken on record.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.
This writ petition has been filed with a prayer to direct the respondents to award payment of mandatory compensation to the petitioner for custodial death of the petitioner's son Rafeequl Hasan Alias Sablu aged about 35 years in police custody for contravention of fundamental right.
It has been stated in paragraph six of the affidavit of compliance by Sri Rakesh Kumar Singh, District Magistrate, Moradabad that a recommendation has been made to the State Government on 9.7.2016. The then District Magistrate concerned has referred the matter for awarding compensation to the petitioner, who is the father of the deceased, for custodial death of the deceased but the matter has not been decided by the Competent Authority till date and is still pending.
Considering the facts and circumstances of the case, we direct the Competent Authority to take into account the recommendation made by the then District Magistrate concerned for paying compensation to the petitioner as in the inquiry report, it has been found that the son of the petitioner died in police custody, and decide the matter within six weeks from the production of certified copy of this order.
With the aforesaid direction, writ petition is disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 A.P. Pandey