Bhagwat Prasad Patre vs State Of Chhattisgarh
2021 Latest Caselaw 3658 Chatt

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                                                                                NAFR

                   HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 WPC No. 5114 of 2021
     Bhagwat Prasad Patre S/o Shri Bedram Patre Aged About 33 Years R/o
     Village Janglore, Police Station And Tahsil Palari, District Baloda Bazar -
     Bhatapara (C.G.) Through Guardian Of The Victim Of Crime No. 0244 /
     2021 Of Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh
                                                                      ---- Petitioner
                                          Versus
     1.      State Of Chhattisgarh Through The Secretary, Home (Police)
             Department, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur
             District Raipur Chhattisgarh
     2.      Chhattisgarh State Legal Services Authority Through Secretary,
             Raipur, District Raipur Chhattisgarh
     3.      District Legal Aid Service, Balouda Bazar, District Balouda Bazar,
             Bhatapra Chhattisgarh
     4.      Superintendent Of Police, Baloda Bazar, Bhatapara Chhattisgarh
     5.      Station House Officer, Police Station - Palari, District Balouda Bazar -
             Bhatapara Chhattisgarh
                                                                  ----Respondents

For Petitioner : Mr. Yogesh Chandra, Advocate For State : Ms. Priyamvada Singh, Deputy G.A.

Hon'ble Mr. Justice P. Sam Koshy Order on Board 13/12/2021

1. The defaults pointed out by the Registry stands ignored and with the

consent of the parties the matter was heard and disposed of.

2. The present writ petition has been filed assailing the order Annexure

P/1 dated 30.09.2021 whereby the claim of the petitioner for interim

compensation in terms of 'the Compensation Scheme for Women

Victims/Survivors of Sexual Assault/other Crimes, 2018' has been

dismissed.

3. The claim application in the present writ petition has been filed by the

petitioner before the respondent No.3 seeking for an interim

compensation under the aforementioned scheme of 2018. The claim

application has been filed on the ground that the petitioner has been

subjected to sexual harassment on 26.05.2021 at around 8 p.m. by

the two accused persons. An offence has already been registered as

Crime No. 0244/2021 for the offences punishable under Sections 354

& 341 of Indian Penal Code read with Section 8 of the Protection of

Children from the Sexual Offences Act, 2012.

4. The respondent No.3 after due consideration of the application

disposed of the same stating that no case for grant of interim relief

has been made out. Further, the claim of the petitioner for

compensation under the scheme of 2018 shall still be considered

after the finalization of the trial, which is under way before the trial

Court, where the accused are subjected to trial for the offences they

are charged with.

5. This Court on perusal of the impugned order and also taking into

consideration the facts and circumstances and the nature of offence

and also the discussion made by the Secretary, District Legal

Services Authority vide his impugned judgment does not find any

illegality or perversity in reaching to the said conclusion. It is also not

a case where the Authority below has rejected the claim of the

petitioner totally. The Authority has observed that claim for

compensation of the petitioner can still be considered after the

conclusion of the trial.

6. Given the aforesaid facts and circumstances of the case, this Court

does not find any strong case made out calling for any interference

with the impugned award. The writ petition thus being devoid of

merits, deserves to be and is accordingly rejected.

Sd/-

(P. Sam Koshy) Judge Ved