Citation : 2023 Latest Caselaw 2364 Jhar
Judgement Date : 19 July, 2023
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 60 of 2022
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Sakina Khatun and Others .... Petitioners
-- Versus --
The State of Jharkhand and Others .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Anup Kumar Agarwal, Advocate For the State :- Mr. Aman Kumar A.C. to G.P.-I
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3/19.07.2023 This petition has been filed for direction upon the
respondents to immediately fix and pay the final amount of victim
compensation to the petitioner as per sections 357 and 357A of the Cr.P.C
read with Jharkhand Victim Compensation (Amendment) Scheme, 2019
for the loss and injury suffered due to death of the husband of the
petitioner for which the judgment resulting in punishment of four
accused persons has been pronounced by the learned District and
Additional Sessions Judge-I, Godda by judgment dated 31.01.2022 in
Deoghar P.S.Case No.28 of 2018.
2. The learned counsel for the petitioner submits that although
the accused persons have been convicted by the learned Judge of the
learned court however there is no direction issued by the learned court
under section 357 Cr.P.C. He submits that even the petitioner has moved
before the District Legal Services Authority, Godda and the said
application is pending and no decision has been taken as yet on the
same. He submits that the scheme in this regard is also of the
Government of Jharkhand and in view of that, the proper direction may
kindly be issued.
3. The learned counsel for the respondent State submits that
the authority is having the power in view of the said scheme and this
petition may be disposed of with direction to the respondents to take
decision on the pending representation of the petitioner.
4. In view of the above and also considering the provision
made in the scheme namely, Jharkhand Victim Compensation
(Amendment) Scheme, 2019, and further in view of the fact that the
representation has been filed by the petitioner before the respondent
authority, this petition is being disposed of directing the respondent no.3
to take a decision on the said representation of the petitioner within four
weeks from the date of receipt/ production of a copy of this order.
5. This petition is, accordingly, disposed of.
6. Pending petition, if any, also stands disposed of accordingly.
( Sanjay Kumar Dwivedi, J.)
SI/
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