Judgment Nagendra Rai, J. 1. Heard. 2. The petitioners who are next of the kin of the three deceased, who are alleged to have been murdered by the police, have filed the present application for compensation for the violation of fundamental right to life. According to petitioners, the husband of petitioner Nos. 1 & 2, namely, Wilson V.Roy and Prabhu Sahay Kiro and son of petitioner No. 3 Udai Narayan Sharma were murdred by the police and to save their skin a case was registered being Jagarnathpur P.S. Case No. 162/90 under Sections 395, 412 of the Indian Penal Code and Section 25(F), 26 & 27 of the Arms Act. According to them, in presence of the large number of people, the police arrested the aforesaid three persons and mercilossly assaulted them as a result of which two persons died on the spot and one person died in the hospital. Petitioners moved before the higher police authority for taking action against the police officials concerned but no action was taken and then the petitioners filed a complaint case but in that case also, no action was taken, and thereafter they moved before the Supreme Court and on the order of the Supreme Court, the police officials concerned were arrested. The petitioners are claiming compensation on the ground that the fundamnetal right to life of their family members have been taken away by the police officials of the State Government and as such, the State is liable to pay the compensation. A counter-affidavit has been filed on behalf of the State wherein it is stated that the Supreme Court in writ petition (Criminal) No. 621/92, vide Annexure-A to the counter-affidavit, his ordered for ex gratia payment of Rs. 25,000/- each to next of the kin of all the three deceased by order dated 7th May, 1994 and in pursuance of that, the State Government his issued cheques of Rs. 25,000/- each and the same has been paid to petitioner Nos.1 and 2. With regard to payment to dependant of deceased Udai Narayan Sharma, it is stated that Smt. Sunita Devi is not living in village Hesage and efforts are being made to trace the whereabouts of Smt. Sunita Devi and thereafter, the payment will be made. 3. 25,000/- each and the same has been paid to petitioner Nos.1 and 2. With regard to payment to dependant of deceased Udai Narayan Sharma, it is stated that Smt. Sunita Devi is not living in village Hesage and efforts are being made to trace the whereabouts of Smt. Sunita Devi and thereafter, the payment will be made. 3. From the materials on the record, it appears that a case being Jagaranathpur P.S. Case No. 162/90 under Section 395 and other sections of the Indian Penal Code was registered against the three deceased and others on the allegation that they committed dacoity in the shop of Hera Lal Sah and while they were running away, they were apprehended and brutally assaulted by the public as a result of which two persons died on the spot and one person died in the hospital. According to the petitioners, the aforesaid case was manufactured by the police. As a matter of fact the police apprehended the three deceased while they were going in connection with their work and brutally assaulted in presence of large number of persons as a result of which two persons died on the spot and one persons died in the hospital. It further appears that the case against the police officials concerned is also pending and on the direction issued by the Apex Court in writ petition (criminal concerned No. 621/92 the police officials were arrested. It further appears from Annexure-A appended to the counter-affidavit that in writ petition (Criminal) No. 621/92 the Apex Court has held : "that because of the atrocities committed by the police, three young lives were lost. One of them was a bachelor while the other two were married and left behind their young widows. We think that in order to ensure that they do not have difficulty on account of this loss some ex gratia payment must be made to them. We direct that an ex-gratia payment of Rs. 25,000/- each be paid to the widows of the married persons and the parent of the bachelor. It was also held that in case the State Government so desires it will be free to take such action as it considers necessary to recover the aforesaid amount from the tort-feasors. We direct that an ex-gratia payment of Rs. 25,000/- each be paid to the widows of the married persons and the parent of the bachelor. It was also held that in case the State Government so desires it will be free to take such action as it considers necessary to recover the aforesaid amount from the tort-feasors. The amount should be deposited with the District Judge within six weeks from today." As the criminal case, as stated above, is pending in the criminal Court, in such a situation, to hold that three persons were murdered by the police officials will prejudice the case of the police officials, who are facing trial. The Apex Court has already ordered for ex gratia payment of Rs.25,000/- each to the next of the kin of the deceased and that order has been carried out as it appears from the counter-affidavit. Only the dependant of deceased Udai Narayan Sharma has not been paid because his dependant Smt. Sunita Devi is not living in her village. The efforts are being made for the payment to her also. So far as the legal position is concerned, it is well settled that in case of contravention of fundamental right by the State or its agency a compensation can be awarded under Article 226 of the Constitution of India. However, the question in this case is as to whether an order for payment of compensation can be passed at this stage or not. 4 After having gone through the entire materials, taking into consideration the order of payment passed by the Apex Court and in the facts and circumstances of the case, I am High Court was of the view that at this stage no order for payment of compensatiuon can be made in favour of the petitioners. However, after the disposal of the criminal case, if it is found that the aforesaid persons were murdered by the police officials then it will be open for the petitioners to move for payment of adequate compensation in accordance with law. 5. With the aforesaid observation, this application is disposed of.