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Allahabad High Court · body

2018 DIGILAW 1953 (ALL)

Krishna Gopal v. State of U. P.

2018-09-10

MUKHTAR AHMAD, PANKAJ MITHAL

body2018
JUDGMENT : Pankaj Mithal, Mukhtar Ahmad, JJ. 1. Heard learned counsel for the petitioners and learned Standing Counsel for respondent no. 1. 2. The petitioners are seeking directions upon the Secretary, District Legal Services Authority, District Mathura for the payment of compensation to the petitioner no. 2 under the provisions of Uttar Pradesh Victim Compensation Scheme, 2014. 3. It appears that a Sessions Trial No. 368 of 2017 under Sections 498-A, 307 and 326-A I.P.C. and 3/4 Dowry Prohibition Act is pending before the Additional Sessions Judge/F.T.C. I, Mathura. The said court has recommended to the District Legal Services Authority for the payment of compensation to the petitioner no. 2 vide letter dated 8.12.2017. 4. The Uttar Pradesh Victim Compensation Scheme, 2014 which has been formulated in exercise of powers under Section 357-A of the Code of Criminal Procedure, vide Clause 5 of the Scheme provides for grant of compensation. The aforesaid sub clause (1) of Clause 5 of the Scheme is quoted below- "5. (1) Whenever a recommendation is made by the Court or an application is made by any victim or his dependent under sub section (2) of section 357-A of the Act to the District Legal Services Authority, the District Legal Services Authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to the victim and arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness of the claim. After verifying the claim, the District Legal Services Authority shall, after due enquiry, award compensation within two months from the date of receipt of the recommendation of the court of the receipt of application under sub-section (4) of section 357-A of the Act in accordance with the provisions of this Scheme. " 5. A bare reading of the aforesaid Clause would reveal that the District Legal Services Authority has been authorized to examine the case and after verifying the contents thereof and after calling for any other relevant information necessary in order to determine the genuineness of the claim award compensation within two months of the receipt of the recommendations of the Court. 6. 6. In view of the above provision in the Scheme, the Secretary, District Legal Services Authority is to take action on the above recommendations of the Sessions Court in accordance with the provisions of the Scheme within a period of two months. The said recommendation is pending since December, 2017, and as such, it is high time for the District Legal Services Authority to proceed and to take a final decision in the matter, if not already taken within next two months. 7. The writ petition is disposed of with the above direction.