IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 13 OF FEBRUARY, 2026 WRIT PETITION No. 5021 of 2026 PHOOL BAI KOL Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ratnakar Prasad Mishra - Advocate for the petitioner.

Ms. Shanti Tiwari - Panel Lawyer for the State.

ORDER Petitioner has filed this petition under Article 226 of the Constitution of India seeking the following reliefs:

"A. That this Hon'ble Court may kindly be pleased to issue a writ a nature of Mandamus to release 75% compensation amount out of Rs.5,00,000/- in favour of the Petitioner for which he is entitled as per clause 44(i)

of S.C. and8.T. (Prevention OF Atrocities) Rules 1995.

B. That, any other relief which this Hon’ble court may deem fit in the facts and circumstances may also be awarded together with cost of the proceedings in the interest of Justice."

2. Learned counsel appearing for the petitioner submitted that petitioner is entitled to get compensation as per the Scheduled-I Entry No.44(i) read with Rules 12 (iv) of Rules of 1995. It is, therefore, prayed that the concerned authority be directed to grant financial assistance to the petitioner in accordance with the aforesaid Rules and the applicable scheme i.e. under the scheme of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules of 1995.

3. On going through the said entry, it is found that financial assistance is to be given in case of rape, unnatural offence or gang rape.

4. It is submitted by learned counsel appearing for the petitioner that application/representation has been filed on 08.12.2025 but no order has been passed. Offence is registered at Crime No.369/2025 under Sections 69, 351(2) of BNS, 2023 and under Sections 3(2)(v), 3(1)(w)(ii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

5. Learned counsel appearing for the State submitted that representation filed by petitioner shall be considered in accordance with law.

6. Heard the counsel for the parties.

7. Considering Entry No.-44(i) of Rules of 1995, it is mentioned therein that petitioner is entitled to financial assistance in case of offence committed in case of rape, unnatural offence or gang rape punishable under Indian Penal Code. It is a case of rape, therefore, petitioner may be entitled to financial assistance.

8. In view of same, petition is disposed off directing petitioner to file certified copy of the order passed today and a copy of representation before competent authority within a period of 30 days then competent authority shall consider and decide the representation within further period of 60 days from the date of receipt of representation.

9. No opinion is expressed on the merits of the case.

10. With aforesaid direction, petition is disposed off.

Certified copy as per rules.

(B. P. SHARMA)

JUDGE @shish