Crl.A. 663 of 2004 1

                  IN THE SUPREME COURT OF  INDIA              CRIMINAL APPELLATE JURISDICTION   

             CRIMINAL APPEAL NO. 663 OF 2004

STATE OF U.P. ..  APPELLANT(S)

vs.

SHER BAHADUR YADAV ..  RESPONDENT(S)

O R D E R

1. The State of U.P., the appellant herein, is primarily  

aggrieved by the direction that the compensation of Rs. 1  

lakh ordered for respondent No. 1 should at the initial  

stage be paid by the State and thereafter recovered from  

respondent No. 9.  It is contended by Mr. Pramod Swarup,  

the learned senior counsel appearing for the State of U.P.,  

that there was no obligation on the part of the State of  

U.P. to make the payment as the State had no role to play  

as per the findings of the Court and respondent NO. 9, a  

police officer,  had taken the law into his own hands and  

was individually liable for his actions.

Crl.A. 663 of 2004 2

We find no merit in this submission.  Respondent No.  

9 is an employee of the State of U.P. and there would be no  

difficulty  in  complying  with  the  High  Court's  order  in  

first  making  payment  to  respondent  No.  1  and  then  

recovering it from respondent No. 9.   

We, accordingly, dismiss the appeal.

                   .......................J.          (HARJIT SINGH BEDI)

                   .......................J.

                                (CHANDRAMAULI KR. PRASAD) New Delhi,

   September 30, 2010.