Amlan Palit & Anr vs The State Of Jharkhand & Ors
2022 Latest Caselaw 4174 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Civil Writ Jurisdiction)
               WP(C) No. 5974 of 2009

Amlan Palit & Anr.                                      ..... ...... Petitioners
                                   Versus
The State of Jharkhand & Ors.                          ....    .... Respondents
                        ------

CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

-------

For the Petitioner : In-person For the Respondents-State : Mr. Raunak Sahay, AC to Mr. Manish Mishra, GP-V

--------

th Order No.19/Dated: 13 October, 2022 The issue involved in the present writ petition is that prior to insertion of Section 357A of the Code of Criminal Procedure, there was no provision for victim compensation. Section 357A of the Code of Criminal Procedure has been inserted in the year 2012. The present case relates to a death in the year 1998, in which, in view of the judgment of the Hon'ble High Court, the accused has been acquitted.

It appears that the State has not preferred any appeal against the judgment of acquittal passed by the Hon'ble Division Bench of this Court and that attains finality as no one was found guilty for murder of his sister Ranjana Palit, as such, compensation may be provided in view of the judgment passed by the Hon'ble Apex Court in the case of "Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel & Ors. reported in (2018) 7 SCC 743. The only consideration for this Bench is that if compensation is awarded on the ground of acquittal in criminal trial, then all the criminal trials either under the Arms Act or under the petty offence or under the heinous crime, the victim may seek compensation for the occurrence which was prior to 2012. As per the affidavit filed by the Principal Secretary, Department of Home, Government of Jharkhand there is no such scheme.

Under the aforesaid circumstances, Ms. Amrita Banerjee, the learned Advocate is appointed as Amicus Curiae so as to examine the relevant provisions of different States as well as the judgment passed by the different Hon'ble High Courts and Hon'ble Supreme Court in this regard.

As prayed by Ms. Amrita Banerjee, learned Amicus Curiae, put up this case on 17.11.2022.

It is made clear that no further adjournment shall be granted. Let the name of Mrs. Amrita Banerjee be reflected in the cause

list as Amicus Curiae.

Office is directed to provide a photocopy of the petition with annexures as well as order-sheet to Mrs. Amrita Banerjee, learned Amicus Curiae.

Mr. Raunak Sahay, learned AC to GP-V, Mr. Manoj Kumar, GA-III and Mr. Ratnesh Kumar, learned SC (L&C)-I are directed to discuss the issue with the learned Advocate General.

(Kailash Prasad Deo, J.) Madhav/-