Gauhati High Court
Fazila Khandakar vs The State Of Assam And 3 Ors on 13 March, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/2
GAHC010055572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1793/2020
1:FAZILA KHANDAKAR
W/O- LATE ABDUL JOLIL SARKAR, VILL- NALDOBA, P.O- LALMATI, P.S-
ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 7813383
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
HOME AND POLITICAL DEPTT, DISPUR, GUWAHATI- 06
2:THE ASSAM STATE LEGAL SERVICES AUTHORITY
REP. BY ITS MEMBER SECRETARY
GHY- 01
3:THE DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
REP. BY ITS SECRETARY P.O
P.S AND DIST- BONGAIGAON
ASSAM
PIN- 783381
4:THE CHAIRMAN
DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
PIN- 78338
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : GA, ASSAM
Page No.# 2/2 BEFORE THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA 13.03.2020 Heard Mr. MU Mondal, learned counsel for the petitioner. Also present Ms. D D Barman, learned Additional Senior Government Advocate.
The petitioner is the wife of Late Abdul Jolil Sarkar who was murdered as per FIR dated 29.12.2007 on the basis of which Abhayapuri P.S. case No. 300/2007 under Sections 143/341/302/325 IPC was registered. After registration, charge-sheet was submitted and thereafter Session Case No. 48(A)/2009 is pending in the Fast Track Court at Abhayapuri U/s 302 IPC. The trial is yet to be completed as submitted by Mr. Mondal. On 18.12.2019, the petitioner filed an application before the learned Member Secretary, Assam State Legal Service Authority at Guwahati for providing victim compensation under the scheme as prescribed under Section 357 A of the Cr.P.C. Being aggrieved as the said representation dated 18.12.2019 is yet to be disposed of, the petitioner filed this writ petition.
Ms. Barman submits that the said representation dated 18.12.2019 is pre-matured inasmuch the trial of Session Case No. 48(A)/2009 is yet to be completed. On perusal of the Section 357A of the Cr.P.C. it is found that as of now the trial is yet to be completed and there is no recommendation by any court for compensation of the present petitioner. Moreover, the accused persons are traced out and they are facing trial. Accordingly, the submission of Ms. Barman has its force.
Considering the same and keeping in view the submission of Mr. Mondal, the application dated 18.12.2019 is hereby directed to be disposed of as observed hereinabove. Accordingly, this writ petition stands disposed of.
JUDGE Comparing Assistant