In this dismissal order from High Court of Punjab and Haryana, it was held that, it is premature to file a compensation claim while the trial is in pendency.
Having heard learned counsel at length and having perused the case paper book we are of the considered view that there is no merit in the instant appeal.
Concededly trial is still pending. Even otherwise registration of an FIR is not a conclusive indicator as regards complicity of an accused of the offences cited in the FIR. Appellant has not been charged for offence under Section 376 IPC. We also find that in the writ petition filed by the appellant seeking issuance of a writ of mandamus for grant of compensation, complainant had not even been arrayed as a respondent.
We are in agreement with the view taken by learned Single Judge declining grant of compensation during pendency of the trial.
Appeal is dismissed.
Suffice it to observe that it would be open for the appellant to raise a claim for compensation at the appropriate stage under Section 357 of the Code of Criminal Procedure from the competent Court.
Dr. Harbans Singh Sodhi Vs State of Punjab and others on 14 May, 2018
Shades of Knife
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