P.Muthulakshmi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.2671 of 2022 P.MUTHULAKSHMI [ PETITIONER / ACCUSED ] Vs 1 THE DISTRICT COLLECTOR, [ RESPONDENTS ] PERAMBALUR, PERAMBALUR DISTRICT.

2 THE SUPERINTENDENT OF POLICE, PERAMBALUR, PERAMBALUR DISTRICT.

3 THE INSPECTOR OF POLICE AWPS PERAMBALUR, PERAMBALUR DISTRICT.

Petition praying that in the circumstances stated therein the High Court will be pleased to pass an order of Direction, Directing the first respondent to Grant the victim compensation of Rs.50,000/- to the victim forth with to pay the college fees pending disposal of the in Spl.S.C.No.65/2019 on the file of the Mahila Court, Perambalur.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.SANKARASUBBU, Advocate for the petitioner, and of M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor, on behalf of the Respondents, the court made the following order:- It is the case of the petitioner that her daughter xxx is a victim in POCSO offence in respect of which a case in Crime No.15 of 2019 has been registered by the 1st respondent police. 2.The 1st respondent, after completion of investigation, has filed a final report and the case has been taken up in Spl.Sc.No.65/2019 and pending trial on the file of the Mahila Court, Perambalur. During the pendency of the trial, the learned Mahila

Judge by its order dated 13.3.2020 to alleviate the mental trauma of the victim has awarded an interim compensation of Rs.50,000/- (Rupees Fifty Thousand only) and the Trial Judge has also directed the State Government to pay the interim compensation within 30 days of receipt of this order. The Court had directed the interim compensation paid to the victim shall be adjusted against the final compensation, if any.

3.Despite the order being passed on 13.03.2020, the State Government has not paid the interim compensation and thereby defeating the purpose of awarding the interim compensation. The 1st respondent/District Collector by letter dated 30.11.2021 in O.M.P.No.2/15172/2021 had stated that only after the funds are allotted by the Director General of Police, the amounts can be paid to the victim.

4.The learned Additional Public Prosecutor is directed to get a report from the Director General of Police as to the reason for delay in disbursing the interim compensation. The report shall reach this Court by 18.02.2022.

-sd/- 09/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE MAHILA COURT, PERAMBALUR.

2 THE DIRECTOR GENERAL OF POLICE, CHENNAI.

3 THE DISTRICT COLLECTOR, PERAMBALUR, PERAMBALUR DISTRICT.

4 THE SUPERINTENDENT OF POLICE, PERAMBALUR, PERAMBALUR DISTRICT.

5 THE INSPECTOR OF POLICE AWPS PERAMBALUR, PERAMBALUR DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges SR.NO.2146 CRL OP.2671/2022 Date :09/02/2022 TA-09/02/2022