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2025 DAILYLAW 197303 (ALL)

2025, PS KOTWALI SADAR DISTT. KHERI THRU. NEXT BEST FRIEND HER FATHER v. STATE OF U.P. THRU. PRIN. SECY. WOMEN WELFARE DEPTT. LKO. AND ANOTHER

WRIC/9042/2025 of VICTIM X IN FIR NO. 385 · 2025-10-27

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9042 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s): "i. Issue a writ, order or direction in the nature of Mandamus commending the opposite parties thereby directing the opposite party no. 2 to pay the compensation to petitioner under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules 2015 in the interest of Justice. ii. Issue a writ, order or direction in the nature of Mandamus commending the opposite parties thereby directing the opposite parties recommend the case of the petitioner, who is victim of rape and was also minor for the release of the payment under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules 2015 in the interest of Justice" 3. The factual matrix of the dispute indicates that the incident with the petitioner/rape victim has taken place on May 8, 2025 and the first information report of the same was filed on the same day. Subsequently, charge sheet was filed on June 25, 2025. The counsel for the petitioner submits that the petitioner is entitled to receive compensation under the Versus Counsel for Petitioner(s) : Mohammad Irfan Siddiqui Counsel for Respondent(s) : C.S.C. Victim X In Fir No. 385 Of 2025, Ps Kotwali Sadar Distt. Kheri Thru. Next Best Friend Her Father .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Women Welfare Deptt. Lko. And Another .....Respondent(s) Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015. Annexure-1 of the said Rules indicates that a victim falling under serial no.6 is entitled to Rs.3 lakhs that is to be paid in two installments. First installment of Rs.1 lakh is to be paid within 15 days of filing of the charge sheet and the balance Rs.2 lakhs to be paid within one month of filing of the charge sheet. 4. It is clear that in the instant matter the charge sheet had been filed on June 25, 2025 and the entire payment of Rs.3 lakhs should have been made within a period of one month from that date in two installments. It is indeed astounding to find that the victim has been forced to file this writ petition on September 9, 2025 for non payment of any of the said installments to the victim. 5. Counsel appearing on behalf of the respondents submits that on September 14, 2025 (after five days of filing the writ petition), the officers sought the bank account number of the victim, which was provided by the victim on October 16, 2025. Till today when the matter was called on, that is, on October 27, 2025, not a single penny has been received by the petitioner/victim. One is unable to understand the apathy of the police officers/statutory authorities, who are required to make this payment under the beneficial scheme provided by the State Government. The entire purpose of providing the compensation to the victims of such a gruesome crime is that the pain of the victim can be soothed urgently and the financial exigency relating to medical treatment may be addressed immediately. 6. It is to be noted that such victims not only go through physical pain and anguish but also suffer severe mental trauma. The very act of delaying payments under such beneficial legislation, further adds to the agony and exacerbates the pain and suffering of the victim. The fact that the victim has to further incur costs to file a writ petition for obtaining the compensation that she is entitled to under the law augments the very ordeal that the victim has suffered. 7. In light of above observations, we are of the view that the officials, who are responsible for the egregious procrastination, should be held WRIC No. 9042 of 2025 2 responsible and accountability should be fastened on them. 8. We are of the view that the reprehensible inaction and laissez faire attitude of the officials concerned requires costs to be imposed on them. 9. Accordingly, the respondent no.2 is directed to make payment of Rs.3 lakhs (if not already made) within a period of 3 days from date. Furthermore, Rs.2 lakhs to be paid within 15 days as additional compensation for the inordinate delay in making payment to the victim. The State Government shall be at liberty to deduct the said amount of Rs.2 lakhs from the person(s), who are responsible for the said delay and take departmental action against them. 10. Accordingly, the writ petition is allowed. October 27, 2025 Anupam S/- WRIC No. 9042 of 2025 3 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench