Kh Newton Devi Now Represented by Her Lr Shri Thingnam Rajen Singh v. State of Manipur and 3 Others

Order

17.08.2023 [1]

None appeared on behalf of the petitioner for the last few occasions. [2]

Present Mr. Y. Ashang, learned PP for respondent Nos. 1 & 4 and Mr. Ch. Momon, learned counsel for respondent Nos. 2 & 3. [3]

The main relief prayed for in the present petition are: "(a) Issue writ in the form of Certiorari to call for records of proceeding of the trial in connection to FIR No. 114(8) 2018 KCG PS, U/S 366/366-A IPC & 4 POCSO Act, 2012 which is pending before the Court of Special Judge (POCSO) Thoubal, Manipur.

(b) Issue a direction to the Court of Special Judge (POCSO) Thoubal, Manipur to complete trial within 3 (three) months w.r.t. FIR No. 114(8) 2018 KCG PS, U/S 366/366-A IPC & 4 POCSO Act, 2012.

(c) Pass appropriate order or direction to change investigating Officer so as to enable unbiased investigation and speedy trial as directed by the Hon'ble High Court of Manipur by judgment order dated 05.09.2018 in Writ Petition (Cril.) No. 14 of 2018.

(d) Pass appropriate order or direction to the respondent to initiate/conduct departmental inquiry so as to necessary disciplinary action against the concerned investigating officer for dereliction of duty.

(e) Pass such other order(s) or direction(s) as it deems fit in the facts of the present case and in the interests of justice.

(f) Your Lordship be pleased to pass any order directing the respondents to pay a sum of Rs. 5,00,000/- (Rupees five lakhs) by increasing the compensation amount awarded by the Ld. Special Judge POCSO Court, Thoubal from 1.5 lakhs to a minimum amount of at least Rs. 5 lakhs as interim compensation in accordance to "NALSA's Compensation Scheme for Women Victim/Survivors of Sexual Assault/other Crimes, 2018" and considering the interim compensation awarded by this Hon'ble Court in various cases i.e. in (i) Crl. Pet. No. 7 of 2019, (ii) Cril.Petn. No. 14 of 2019 and (iii) Cril. Petn. No. 283 of 2018 with Rev.Petn. No. 18 of 2018.

[4]

Mr. Y. Ashang, learned PP for respondent Nos. 1 & 4, has submitted that the charge-sheet has already been filed on

01.12.2018, the accused appeared before the Ld. Special Court on

22.09.2021 and charge hearing was concluded on 15.06.2022. Learned PP further submitted that the trial is in progress. Learned PP has also pointed out that vide order dated 07.12.2020 in Cril.Misc.Case No. 54 of 2020, the Ld. Special Judge (POCSO), Thoubal, Manipur granted an interim compensation of Rs. 1.5 lakh. Learned PP also refers to an order dated 28.07.2021 passed by the Deputy Secretary (Home), Government of Manipur releasing the amount of Rs. 1.5 lakh as awarded interim compensation by the Ld. Special Court. It has stated that the relief prayed for in the present petition has substantially been complied with and the present petition may be closed. [5]

Mr. Ch. Momon, learned counsel for respondent Nos. 2 & 3, has submitted that as the interim compensation has already been granted, nothing is left in the petition regarding interim compensation. [6]

In the circumstances, the present petition is closed and disposed of.

JUDGE

joshua

KH. JOSHUA MARING Date: 2023.08.23 11:07:19 +05'30'

Item No. 4 IN THE HIGH COURT OF MANIPUR AT IMPHAL Cril.Petn. No. 13 of 2021 Kh. Newton Devi now represented by her LR Shri Thingnam Rajen Singh …..Petitioner/s - Versus – State of Manipur & 3 Ors. .... Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA