Smt. Mithlesh Sharma And 3 Ors. vs State Of U.P. And 4 Ors.
2023 Latest Caselaw 7561 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 440 of 2017
 

 
Applicant :- Smt. Mithlesh Sharma And 3 Ors.
 
Opposite Party :- State Of U.P. And 4 Ors.
 
Counsel for Applicant :- Om Prakash Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Vinod Diwakar,J.

Learned counsel appearing for the appellants in the present appeal filed under Section 372 Cr.P.C. submits that the dependents of deceased lack adequate means to support themselves and are, therefore, entitled to payment of compensation in terms of Section 357-A Cr.P.C. Attention of the Court has been invited to a scheme framed by the State titled 'Uttar Pradesh Victim Compensation Scheme, 2014' for such purposes. Reliance is also placed upon various judgments of the Supreme Court in that regard.

Learned AGA states that in the event a claim is lodged with the District Legal Services Authority in terms of Clause 5 of the Scheme of 2014, the same shall be duly examined by the competent authority and appropriate decision would be taken upon consideration of relevant aspects.

In view of the above, we provide that in the event an application in terms of the scheme is moved before the appropriate authority i.e. District Legal Services Authority, the concerned authority shall get the claim of the heirs of the deceased examined for grant of compensation in terms of the scheme and ensure that the amount which is found due and payable, if any, is released to them within a period of four months.

With the above observations, the application for payment of compensation no. 412187 of 2017 stands disposed off.

Order Date :- 15.3.2023

Ranjeet Sahu