LPA No.18 of 2018 (OM) 1
IN THE HIGH COURT OF PUNJAB HARYANA
LPA No.18 of 2018 (OM)
Date of Decision: 14.05.2018
Dr. Harbans Singh Sodhi
State of Punjab and others
CORAM:-HON’BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Present:- Mr. S.C.Arora, Advocate,
for the appellant.
TEJINDER SINGH DHINDSA, J.
The instant appeal has been filed under Clause X of the
Letters Patent against judgment dated 09.11.2017 passed by the
learned Single Judge dismissing Civil Writ Petition No.25473 of
Briefly noticed, appellant filed writ petition seeking
compensation for having been falsely implicated and illegally
confined in jail upon registration of FIR No.30 dated 02.04.2010,
under Sections 406, 420, 498A, 376 and 34 IPC, registered at Police
Station Kot Bhai, Tehsil Gidderbaha, District Muktsar.
Learned counsel for the appellant has argued that
Gurdev Singh had got registered the criminal case against the
appellant as also his wife and consequently they had been
arrested and were bailed out after a period of one month when
charge under Section 376 IPC was not pressed by the prosecution.
It is contended that under such situation appellant was
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LPA No.18 of 2018 (OM) 2
entitled to be granted compensation by the Writ Court. Further
argued that Trial Court lacks pecuniary jurisdiction to award
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
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.
(AJAY KUMAR MITTAL) (TEJINDER SINGH DHINDSA)
ACTING CHIEF JUSTICE JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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