Disposed

Rabia Bewa v. Shri Tarun Dey

Gauhati HC20 Jun 2023Cont.Cas(C)/286/2022

Case brief

AI extract

What is this about?

Contempt petition alleging violation of an order directing victim compensation. The Hon'ble Court found the respondent issued a compliance order via affidavit, finding no contempt. The petition was closed with liberty to challenge the compensation orders separately.

What did the court decide?

Contempt petition closed with liberty granted to the petitioner to challenge the relevant orders before the appropriate forum.

Rabia Bewa Vs Shri Tarun Dey — Contempt of Court | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010096452022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/286/2022

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RABIA BEWA

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W/O- LATE ABDUL HAI MONDAL, P.O. KHEDUAJARAH, P.S. GOGIGHOPA, DIST. BONGAIGAON, ASSAM, PIN- 783380.

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VERSUS

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SHRI TARUN DEY

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MEMBER SECRETARY, THE DISTRICT LEGAL SERVICES AUTHORITY, BOGAIGAON, ASSAM, PO, PS AND DIST-BONGAIGAON, ASSAM, PIN783380.

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 20.06.2023

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Heard Mr. M. U. Mondal, learned counsel for the petitioner.

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This contempt petition has been filed, alleging violation of this Court’s order, dated 20.01.2022, passed in WP(c)4858/2021, whereby, the respondent No. 3 viz. Secretary, District Legal Services Authority, Bongaigaon, was directed to take-up the claim of the petitioner for victim compensation under section 357A of the Code of Criminal Procedure, 1973, and after due enquiry and verification, if it is found that the petitioner is entitled to the amount claimed for, may award compensation to the petitioner keeping in mind the Government notification dated 01.02.2019 within a period of 2(two) months from the date of receipt of the certified copy of the order.

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The sole respondent has filed an affidavit-in-opposition wherein, a copy of the order, dated 12.09.2022, passed by the Secretary, District Legal Services Authority, Bongaigaon, in Victim Compensation Case No. 34/2021, has been annexed as Annexure-A, whereby, the order, dated 11.01.2022, passed by the Secretary, District Legal Services Authority, Bongaigaon, in Victim Compensation Case No. 34/2021, rejecting the claim of the petitioner for victim compensation u/s. 357A of the Code of Criminal Procedure, 1973, has been reiterated.

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In view of the above; I find that the sole respondent has complied this Court’s order, dated 20.01.2022, passed in WP(c)4858/2021, and accordingly, the sole respondent has not committed any contempt of the Court.

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Page No.# 3/3

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In that view of the matter, this contempt petition stands closed with liberty granted to the petitioner to challenge the orders, dated 11.01.2022 and 12.09.2022, passed by the Secretary, District Legal Services Authority, Bongaigaon, in Victim Compensation Case No. 34/2021, before the appropriate forum, if so advised.

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JUDGE

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Comparing Assistant

Rabia Bewa v. Shri Tarun Dey

Case brief

What is this about?

What did the court decide?

Rabia Bewa v. Shri Tarun Dey

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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