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BRAMHA DEO KUMAR VERMA & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Bramha Deo Kumar Verma & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 13000 of 2005 [2006] RD-AH 6835 (29 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.3

Criminal Misc.Writ Petition No. 13000 of 2005

Bramha Deo Kumar Verma and others ...                  Petitioners

           Vs

State of U.P. and others                         ...                  Respondents.

 : Present :

( Hon.Mr.Justice Amitava Lala and Hon.Mr.Justice Shiv Shanker )

 : Appearance :

For the Petitioners                                 .......      Sri A.K.Srivastava

For the Respondents                            .......       Learned A.G.A.

Amitava Lala,J.-  The writ petitioners' obtained an interim order on 22nd  December,2005 not to arrest the petitioners in connection with Case Crime No.1165 of 2005, under Sections 498-A,323,504,506, I.P.C. and ¾ Dowry Prohibition Act, P.S.Pipari, District Sonbhadra till the next of listing.   The earlier interim order is replaced by the final order. We have not passed conditional order as we are normally passing order in case of dispute between the parties under Section 498-A, I.P.C. along with other sections of the I.P.C. and Section ¾ Dowry Prohibition Act.  

Under such circumstances, it cannot be construed that charge sheet has been submitted to the court.  However, the petitioners cannot enjoy the blanket interim order without any condition. In such circumstance, the following order is passed as below.  

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 petitioners shall not be arrested in Case Crime No.1165 of 2005, under Sections 498-A, 323, 504, 506, I.P.C., and ¾ D.P. Act, Police Station Pipari District, Sonbhadra, 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.

  ( Justice Amitava Lala )

I agree.

( Justice Shiv Shanker )

Dt.29.3.06

PKB

Crl.13000-05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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