Madras High Court
A.Lakshmanan vs State Rep. Through The on 7 July, 2022
W.P.No.14443 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.14443 of 2020
A.Lakshmanan .. Petitioner
Vs
1.State Rep. through the
Home Secretary,
Home Department,
Fort St.George, Chennai – 09.
2.The Principal Secretary/Commissioner of
Revenue Administration Disaster
Management and Mitigation,
Govt of Tamil Nadu,
Chennai – 09.
3The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
4.The Superintendent of Police,
Vellore District,
Vellore – 632009.
5.The District Collector,
Vellore District,
Vellore – 632 009.
6.The Inspector of Police,
Ambur Police Station,
Vellore District.
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1/6
W.P.No.14443 of 2020
7.The Member Secretary,
District Legal Authority Service,
Vellore Satta Uthavi Maiyam Building,
Vellore – 632 009. .. Respondents
Prayer :- Writ Petition filed under Article 226 of Constitution of India
seeking to issue Writ of Mandamus, directing the respondent 1 to 7 to pay
a just and reasonable compensation to the petitioner in view of severity of
petitioner's injury, expenditure with regard to grafting and reconstruction
surgery, physical and mental pain and for disability by acid attack within a
stipulated time fixed by this Court.
For Petitioner : Ms.Sudha Ramalingam
For Respondents
For R1 to 7 : Mr.A.Gopinath
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed to direct the respondent 1 to 7
to pay a just and reasonable compensation to the petitioner in view of
severity of petitioner's injury, expenditure with regard to grafting and
reconstruction surgery, physical and mental pain and for disability by acid
attack within a stipulated time fixed by this Court.
2. Heard both sides.
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W.P.No.14443 of 2020
3. The petitioner sustained injuries by pouring acid on him and
immediately he was admitted to the hospital and he sustained gravious
injuries. Pursuant to the occurrence, the crime was registered in FIR No.98
of 2007 for the offence under Section 324 IPC as against the accused
persons and after completion of investigation, the police filed a final report
and the same has been taken cognizance in C.C.No.34 of 2012, on the file
of the Chief Judicial Magistrate Court, Vellore. While pending this writ
petition, now the petitioner seeks compensation under Section 357 Cr.P.C.
It is relevant to extract the provision of Section 357(3) reads as follows;-
'' Section 357. Order to pay
compensation.
(3). When a Court imposes a sentence,
of which fine does not form a part, the Court
may, when passing judgment, order the accused
person to pay, by way of compensation, such
amount as may be specified in the order to the
person who has suffered any loss or injury by
reason of the act for which the accused person
has been so sentenced.''
4. Thus, it is clear that only after completion of trial, the trial
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W.P.No.14443 of 2020
Court can be recommended for compensation admittedly, the trial is still
pending. Therefore, the prayer sought for in this writ petitioner cannot be
considered. However, the Chief Judical Magistrate Court, Vellore, is
directed to complete the trial in C.C.No.34 of 2012, within a period of
three months from the date of receipt of a copy of this order.
5. With the above direction, the writ petition stands dismissed.
No costs.
07.07.2022
Index:Yes/No
Speaking/Non speaking order
ata
To
1.The Home Secretary,
2nd Floor, Main Building,
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W.P.No.14443 of 2020
Rajaji Road,
St.George Fort,
Chennai – 600 009.
2.The Inspector of Police,
Race Course Road, Thomas Park,
Coimbatore – 641 018.
3.The Deputy Inspector of Police,
Red Fields,
Coimbatore – 641 018.
4.The Superintendent of Police,
State Bank Road,
Combatore – 641 018.
5.The Deputy Superintendent of Police,
Old Bus Stand,
Valparai – 642 127.
6.TheTahsildar,
Anaaimalai,
Pollachi.
7.The Inspector of Police,
SH 21, Near Karur Vyshya Bank,
Annaimalai – 642 104.
8.The Sub-Inspector of Police,
O/o. Kottur Police Station,
Kottur – 641 601
9.The Public Prosecutor,
High Court, Madras.
G.K.ILANTHIRAIYAN. J,
ata
https://www.mhc.tn.gov.in/judis
W.P.No.14443 of 2020
W.P.No.14443 of 2020
07.07.2022
https://www.mhc.tn.gov.in/judis
