CW-2011-0018Koraput, OdishaJudgment 20 September 2011

Talamitingi Man vs State Of Orissa And Others

The judgment of the Orissa High Court records the following account. A Talamitingi man, aged 28, of Karon Jajhola (Narayanpatna) then staying at Talamitingi, was found dead on 13 April 2009 after an exchange of fire between SOG assault teams (Dy. Subedar's Team No.23 and SI 's team) and Maoists near the village. Police claimed he was an armed Maoist and recovered weapons near the body; his widow alleged he was an unarmed tribal shot by jawans and that the body was not handed over (co-villagers' affidavits), while police claimed handover with acknowledgement. The SP's report conceded it could not be conclusively established that a Talamitingi man fired at police or belonged to the attacking group, noting his hand wash was never taken; the OHRC had awarded Rs 1.5 lakh. The High Court held it could not be said he was a CPI (Maoist) member or fired at police, applied respondeat superior to an innocent death in cross-fire, directed Rs 4 lakh inclusive of interest to the widow, and declined further investigation. The court did not find a staged encounter. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 20 September 2011 in W.P.(Crl.) No.379 of 2011, the Orissa High Court (Coram: B.N. Mahapatra, V. Gopala Gowda, JJ.) returned findings adverse to 2 police personnel, namely: Deputy Subedar, Special Operation Group Assault Team No. 23; Sub-Inspector, Special Operation Group, and directed payment of compensation of Rs 4 lakh (Rs 4,00,000).

Register number
OD 10 CW 0001
Case reference
W.P.(Crl.) No.379 of 2011
Court and date
Orissa High Court (Coram: B.N. Mahapatra, V. Gopala Gowda, JJ.), 20 September 2011
Officer(s) at the material time
Deputy Subedar, Special Operation Group Assault Team No. 23; Sub-Inspector, Special Operation Group
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“It is not uncommon that in a cross firing between Police and anti-social(s), some times an innocent person is being caught and killed. If life of an innocent person is taken away by Police during the course of any encounter …” (at para 13)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 4 lakh (Rs 4,00,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Orissa High Court judgment dated 20 September 2011 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“It is not uncommon that in a cross firing between Police and anti-social(s), some times an innocent person is being caught and killed. If life of an innocent person is taken away by Police during the course of any encounter …” (para 13)

Institutional response

1
20 Sep 2011

Order issued

Concluded
Orissa High Court External · Binding

The Orissa High Court recorded adverse findings against police personnel and ordered Rs 400,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: W.P.(Crl.) No.379 of 2011
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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