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SHASHI versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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SHASHI v. STATE OF HARYANA & Ors - CWP-4730-2006 [2006] RD-P&H 1994 (27 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CIVIL WRIT PETITION NO. 4730 OF 2006

DATE OF DECISION: 27.03.2006

SHASHI

...PETITIONER

VERSUS

STATE OF HARYANA AND OTHERS

...RESPONDENTS

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MR JUSTICE UMA NATH SINGH

PRESENT: Mr Jagbir Malik, Advocate,

for the petitioner.

---

ORDER:

This petition has been filed for award of damages.

Case of the petitioner is that Ajay Pal, husband of the petitioner, was arrested on 10.8.2001 and was in custody in Central Jail, Ambala. He was ill and was admitted to hospital and finally, on 16.1.2002, he died. This petition has been filed after four years of the death claiming that the death was on account of lack of proper treatment.

Since disputed questions about the cause of death and responsibility of the State for alleged negligence, if any, will require evidence and the petition having been filed after four years, for which there is no explanation, we do not find any ground to entertain this petition under Article 226 of the Constitution.

The petition is dismissed.

( ADARSH KUMAR GOEL )

JUDGE

March 27, 2006 ( UMA NATH SINGH )

sanjeev JUDGE

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SHASHI v. STATE OF HARYANA & Ors - CWP-4730-2006 [2006] RD-P&H 1994 (27 March 2006)

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SHASHI v. STATE OF HARYANA & Ors - CWP-4730-2006 [2006] RD-P&H 1994 (27 March 2006)