VIVEK KUMAR SRIVASTAVA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Vivek Kumar Srivastava v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 3447 of 2006 [2006] RD-AH 6604 (24 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Shiv Shanker,J.

We have heard learned Counsel appearing for the petitioners and learned A.G.A. We have also gone through the F.I.R. in question, which prima facie discloses the commission of an offence inter alia under Section 498-A, I.P.C.

Having regard to the facts and circumstances of the case, we finally dispose of the writ petition by directing that the petitioner shall not be arrested in Case Crime No.07 of 2006, under Sections 498-A,323,506 I.P.C., and ¾ D.P. Act, Police Station Mahila Thana District, Gorakhpur, till the trial starts, provided they pay interim compensation to the victim @ Rs.2000/- per month from today.  Such interim compensation from today upto 31st March,.2006 shall be deposited in the Court of concerned Chief Judicial Magistrate by 07th April, 2006 and for all subsequent months by 07th day of the following month.  The victim shall be entitled to withdraw the same.  The liability to pay interim compensation shall be joint as well as individual of all the petitioners.  

This order for payment of interim compensation is based on the analogy of the decision of Hon'ble Supreme Court in the case of Bodhisattwa Gautam Vs. Subhra Chakraborty (AIR 1996 SC 922).

In case of failure in payment of interim  compensation, the order staying the arrest of the petitioners shall stand vacated automatically.

Dt.24.3.06

PKB

Crl.3447-06

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