Orissa High Court
Ranjita Jani vs State Of Odisha & Ors. .......... ... on 29 August, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 18960 of 2024
Ranjita Jani ........ Petitioner(s)
Mr. Abhilash Mishra, Adv.
-Versus-
State of Odisha & Ors. .......... Opposite Parties
Mr. D. Mund, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
29.08.2024 Order No.
01. 1. This matter is taken up through a hybrid arrangement.
2. Heard.
3. In this Writ Petition, the Petitioner has challenged the order dated 27.01.2024 passed by the District Legal Services Authority, Nabarangpur in VCA No.01 of 2024 rejecting her claim for grant of compensation under the Victim Compensation Act, 2017 due to death of her husband.
4. The brief fact of the case is that on 12.03.2020 one Dibakor Jani lodged a written report before the Nabarangpur P.S. alleging therein that on 11.3.2020 at about 12.00 P.M. a marriage Signature Not Verified ceremony was going on and his nephew named Dhanpati Jani Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication the deceased husband of the Petitioner was also present in that Location: High Court of Orissa Cuttack Date: 30-Aug-2024 18:27:53 ceremony. At that point of time, one Somnath Jani assaulted his 2 nephew by means of a knife, as a result, Dhanpati Jani had received bleeding injury. Therefore, he was shifted to DHH Nabarangpur for treatment. On the basis of the written report received from the informant, the police registered a case under Section 307 of IPC. After completion of investigation, Final Form has been submitted under Section 307 of IPC.
5. Learned counsel for the Petitioner submits that the husband of the Petitioner died on 28.12.2020. The Petitioner had approached District Legal Services through Legal Service Institute CLAP, Cuttack claiming victim compensation under the Victim Compensation Act, 2017. However, the Opposite Parties did not accept the application of the Petitioner stating that since the case has been closed, compensation cannot be granted. Hence, the Petitioner is constrained to approach this Court.
6. On perusal of the impugned order dated 27.01.2024 passed by the learned District Legal Services Authority, Nabarangpur, it appears that the Scheme is for women victim and therefore, the Odisha Victim Compensation Scheme, 2017 or the amended Victim Compensation Scheme, 2018 shall not cover the Signature Not Verified Petitioner's case.
Digitally SignedSigned by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 30-Aug-2024 18:27:53 3
7. The ordering portion of the impugned order dated 27.01.2024 passed by the learned District Legal Services Authority, Nabarangpur is extracted hereunder:
"xxx xxx xxxx After going through the case and considering the allegation in its entirety, the Committee unanimously resolved to reject the application of the victim on the ground that there are no criteria or provisions for payment of compensation to a male victim under the allegation of Attempt to Murder in the Schedules of the Odisha Victim Compensation Scheme, 2017. Hence, this application is closed."
8. In such view of the matter, this Court does not find any infirmity in the order dated 27.01.2024 passed by the District Legal Services Authority, Nabarangpur. Hence, the Petitioner's case does not have any merit for consideration and liable to be dismissed.
9. Accordingly, this Writ Petition is dismissed.
( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 30-Aug-2024 18:27:53