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Judgments of Supreme Court of India and High Courts

Dr Harbans Singh Sodhi vs State Of Punjab And Ors on 9 November, 2017

CWP No.25473 of 2017 [1]


CWP No.25473 of 2017
Date of decision:09.11.2017

Dr. Harbans Singh Sodhi …Petitioner
State of Punjab and others …Respondents

Coram: Hon’ble Mr. Justice Rakesh Kumar Jain

Present: Mr. S.C.Arora, Advocate,
for the petitioner.

Rakesh Kumar Jain, J. (Oral)

This petition is filed for seeking a writ in the nature of mandamus,

directing respondents no.1 and 2 to pay adequate compensation for the

wrongful confinement of the petitioner in jail along with his wife in a false case

registered vide FIR No.30 dated 02.04.2010, under Sections

406/420/498A/376/34 IPC at Police Station Kot Bhai, Tehsil Gidderbaha,

District Muktsar and especially the allegations made under Section 376 IPC.

Counsel for the petitioner submits that the charge has been framed

by the Sub Divisional Judicial Magistrate, Gidderbaha only under Sections

498A, 406 and 420 IPC and not under Section 376 IPC. The complainant

though challenged the order dated 10.04.2012 by way of revision before the

Sessions Court, Sri Muktsar Sahab basically for framing the charge under

Section 376 IPC as well but the said revision was also withdrawn on

03.03.2015. The petitioner has, thus, prayed that respondents no.1 and 2 be

directed to pay the amount of adequate compensation to him.

After hearing learned counsel for the petitioner and examining the

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CWP No.25473 of 2017 [2]

available record, I am of the considered opinion that since the trial is still

pending, therefore, the petitioner may claim compensation under Section 357

Cr.P.C. from the Court who has the power to impose the same.

Learned counsel for the petitioner has not referred to any

precedent for the purpose of taking a decision in his favour for directing

respondents no.1 and 2 to pay compensation to the petitioner at this stage.

Consequently, the present petition is hereby disposed of in the

aforesaid terms.

November 09, 2017 (Rakesh Kumar Jain)
vinod* Judge

Whether speaking / reasoned : Yes/No
Whether reportable : Yes/No

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