Page No.# 1/4 GAHC010246532025 2025:GAU-AS:15406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6432/2025 MOYMON NESSA BEWA RO VILL NAYERALGA PART IV, PO NAYERALGA,PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06 3:THE ASSAM STATE LEGAL SERVICES AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY GHY 01 4:THE DISTRICT LEGAL SERVICES AUTHORITY REPRESENTED BY ITS SECRETARY PO AND PS PANBAZAR DIST KAMRUP M ASSAM GUWAHATI 781001 5:THE CHAIRMAN DISTRICT LEGAL SERVICES AUTHORITY KAMRUP M ASSAM PO AND PS PANBAZAR Page No.# 2/4 DIST KAMRUP M ASSAM GUWAHATI 78100 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : GA, ASSAM, SC, ASLSA,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 14-11-2025 Heard Mr. M. Hussain, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 4 & 5; Mr. R. Chauhan, learned counsel representing Ms. R.S. Choudhury, learned Standing Counsel, Assam State Legal Services Authority for the respondent no. 3. 2. In view of the limited nature of grievance raised in this writ petition, the writ petition is taken up for final consideration at the motion stage itself, as agreed to by the learned counsel for the parties. 3. The case projected by the petitioner, in brief, is that her son, Mohor Ali was assaulted in an incident on 13.11.2015 and in view of the injuries sustained, Mohor Ali died on 14.11.2015 while undergoing treatment at the Gauhati Medical College & Hospital. In respect of the said incident of assault, a First Information Report [FIR] was lodged before the Officer In-Charge, Chandmari Police Station and the FIR was registered as Chandmari Police Station Case no. 736/2015 for the offence under Section 302, Indian Penal Code [IPC] read with Section 34, IPC and the matter was investigated into. After Page No.# 3/4 investigation, a charge-sheet was submitted against three accused persons. After the trial, the accused persons were acquitted of the charges by the Court of learned Additional Sessions Judge, No. 1, Kamrup [M], Guwahati [‘the Trial Court’, for short] vide a Judgment and Order dated 29.11.2024 on benefit of doubt. As no recommendation was made by the learned Trial Court under Section 357A[3], Code of Criminal Procedure/Section 396, Bharatiya Nagarik Suraksha Sanhita for payment of compensation, the petitioner submitted an application before the respondent no. 4 on 20.01.2025 seeking compensation under the aforesaid provisions read with the Victim Compensation Scheme, 2012, as amended, framed thereunder. Stating that the application has not been given consideration and finality by the respondent no. 4 till date, the petitioner has approached this Court by the present writ petition. 4. Ms. Barman, learned Junior Government Advocate, Assam has submitted that from the materials on record, it can be noticed that the application submitted by the petitioner has already been registered as VC No. 3/2025 by the respondent no. 4. Ms. Barman has submitted that if the application, VC No. 3/2025 has not been considered and disposed of till date, this writ petition can be disposed of with a direction to the respondent no. 4 to consider and dispose of the application, registered as VC No. 3/2025, submitted by the petitioner seeking victim compensation within reasonable time period. 5. Mr. Hussain, learned counsel for the petitioner has agreed to the submission made by Ms. Barman, learned Junior Government Advocate. 6. In view of the above obtaining fact situation, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 4 to consider and dispose Page No.# 4/4 of the application, VC No. 3/2025 submitted by the petitioner for compensation under the Victim Compensation Scheme, 2012 within a reasonable time period, if the same has not yet been disposed of till date. 7. The submission of Ms. Barman, learned Junior Government Advocate that a period of 6 [six] weeks would be a reasonable time period for the respondent no. 4 to dispose of the application, VC No. 3/2025 is accepted and it is accordingly directed that the respondent no. 4 shall dispose of the application, VC No. 3/2025 within a period of 6 [six] weeks from the date of submission of a certified copy of this Order at the office of the respondent no. 4 by the petitioner. 8. This Order disposes of the writ petition. JUDGE Comparing Assistant