STATE OF TAMIL NADU Vs. P NALYANI

JUDGEMENT

(1.) When this matter had been listed, a limited notice had been given to decide the question of direction of the High Court to pay compensation. The High Court in the impugned judgment had relied upon the earlier decision of the Madras High Court and had granted the relief in question. The very same judgment of the Madras High Court was under challenge in this Court in Criminal Appeal No. 861 of 1999 and by order dated 27th of august, 1999 this Court came to the conclusion that since the matter is still under enquiry and CBCID was directed to inquire Into the matter it was not appropriate for the High Court to direct the payment of compensation to the wife at that stage. The aforesaid decision of this Court applies with full force to the facts and circumstances of the present case.

(2.) We accordingly set aside the impugned direction regarding payment of compensation and after the CBCID concludes the inquiry and files its report, it would be open for the appropriate Court to award compensation. The Special Leave Petition stands disposed of accordingly.