IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.227 of 2007 JAIBUN KHATOON, WIFE OF SHAMI AHMAD ANSARI, RESIDENT OF RAJABAZAR (BEHIA) P.S. BEHIA, DISTRICT- BHOJPUR Versus THE STATE OF BIHAR & ORS ----------- 11. 07.04.2010. Re: I.A.No. 489 of 2010. Interlocutory Application No. 489 of 2010 has been filed by Pawan Kumar, Sub Inspector of Police-cum-Officer-in-Charge, Behia Police Station, Bhojpur and Suresh Ram, Assistant Sub-Inspector of Police, Behia Police Station, Bhojpur who were directed to pay sum of Rs. 12,500/- each by the District Magistrate, Bhojpur under orders dated 18.6.2009 in compliance of the orders of this Court dated 8.1.2008 passed after thorough enquiry in the matter for illegally confining the minor son of petitioner Jaibun Khatoon, namely, Mintu during the night between 12-14.2.2007. The order of the District Magistrate was placed before this Court for perusal on 10.2.2010 when the counsel for the petitioner informed that the orders of the District Magistrate dated 18.6.2009 has not been complied with and the amount of compensation directed to be paid has not yet been paid. None appeared on behalf of the State before this Court on 10.2.2010. The Court requested the counsel for the petitioner to inform the counsel for the State, A.A.G.-8 about the non-compliance of the orders of the District Magistrate. The Matter was again taken up on 17.2.2010 when it was reiterated by the counsel for the petitioner that the amount of compensation directed to be paid by the District Magistrate has not yet been paid. In appreciation of the delay in making payment of compensation this Court under orders dated 17.2.2010 enhanced the amount of compensation from Rs. 25,000/- to Rs. 1,00,000/- with direction to the Home Department of the State to make such payment to the petitioner and thereafter to recover the amount from the two Police Officers after initiating proceeding for recovery against the two Police - 2 - Officers. By filing Interlocutory Application No. 489 of 2010 the two Police Officers are requesting this Court to recall the order dated 17.2.2010 as according to them in compliance of the orders of the District Magistrate dated 18.6.2009 the amount stood already deducted from the pay bill of Suresh Ram, as such, both the Officers cannot be held responsible for non- payment of the compensation amount to the petitioner. The aforesaid defence of Suresh Ram can be considered in the departmental proceeding which is to be initiated against the two Police Officers in compliance of my order dated 17.2.2010. In the circumstances, I am not inclined to reconsider the matter. The application is dismissed Explanation submitted by the office is highly unsatisfactory. They should have been cautious before entertaining the Interlocutory Application, if the same was not maintainable, how could they place it for orders before this Court without there being any direction of this Court to place the same. P.K.P. (V.N.Sinha,J.)