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Ramesh Kumar & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12893 of 2005 [2006] RD-AH 6888 (29 March 2006)


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Court No.3

Criminal Misc.Writ Petition No. 12893 of 2005

Ramesh Kumar and others                    ......                  Petitioners


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

 : Present :

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

 : Appearance :

For the Petitioners                                 .......      Sri R.D.Mishra

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

Amitava Lala,J.-  The writ petitioners' obtained an interim order on 20th December,2005 not to arrest the petitioners in connection with Case Crime No.C-19 of 2005, under Sections 323,504,506,313, 498-A, I.P.C. and ¾ Dowry Prohibition Act, P.S.Handia, District Allahabad 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.  The reason behind is that Section 313 I.P.C. was involved in the matter.  

In the counter affidavit filed by the State it appears that a charge was submitted vide Charge sheet no.12 of 2006 dated 16th January,2006.  From the copy of the charge sheet it is not clear when it has been submitted.  In the rejoinder, the petitioners have taken the plea that before submission of the charge sheet in the court the police authority itself started reinvestigation of the matter. A copy of the order dated 24th February, 2006 is annexed with rejoinder.

Under such circumstances, it can not 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.C-19 of 2006, under Sections 323,504, 506,313.498-A,I.P.C., and ¾ D.P. Act, Police Station Handia District, Allahabad, 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 )





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