Case Details of File Number: 10920/24/72/2015
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Diary Number
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49552
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Name of the Complainant
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DR.LENIN
RAGHUVANSHI
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Address
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MANAVADHIKAR
JAN NIGRANI SAMITI, 4/2-A, DAULAT PUR
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VARANASI
, UTTAR PRADESH
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Name of the Victim
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SAVITRI
AND OTHERS
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Address
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R/O
VILL- VISHWANATH PUR, TEH- PINDAR, PS.PHOOL PUR
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VARANASI
, UTTAR PRADESH
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Place of Incident
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VARANASI
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VARANASI
, UTTAR PRADESH
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Date of Incident
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3/18/2015
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Direction issued by the Commission
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These
proceedings shall be read in continuation with earlier proceedings of the
Commission. The matter rests thus. The complainant, from an NGO, had alleged
that four named accused persons had caused fire to the house of victim woman
on 18/03/2015 and her household items got destroyed in the fire. Police did
not come to the spot despite the telephone calls made to PCR. On 19/03/2015
the accused persons had abused the victim woman & her daughter and
started beating them. When they went to the police station to inform the
incident, the accused persons were present outside the police station and
started beating them. The victim and her family are living under the fear.
Superintendent of Police, Crimes, Nodal Officer, Varanasi in his report dated
01/06/2016 has stated that the complainant had lodged Case Crime No. 251/2015
dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act, PS:
Badagaon against four accused persons. During investigation Section 436 IPC
was omitted from the case and the Charge Sheet dated 13/08/2015 was filed
against four accused persons. There was an inordinate delay of about four
months in a registration of the criminal case in the alleged incident dated
18-19/03/2015. Prima facie allegations of the complainant that police have not
taken any action in the matter appear to have sound merits. The Commission
had issued Notice dated 13/04/2015 to Senior Superintendent of Police,
Varanasi and it was after three months of that Notice, the police had set law
into motion. The police report is silent as to reasons for inaction of four
months from date of incident. The report is also silent whether or not any
financial assistance was provided to the victims under the provisions of
SC/ST POA Act. Consequently, the report does not inspire confidence of the
commission. The allegations of police inaction are required to be enquired in
an impartial manner by the State Authorities. Apparently, the Human Rights of
the victims have been violated by the State Police for not setting the law
into motion and by delaying the process of law. Although the injuries caused
to the victim on reasons of police inaction cannot be undo, but an interim
relief of monetary compensation would be a solace to injured sentiments.
Notice be issued to Chief Secretary, Govt. of Uttar Pradesh to Show Cause why
interim relief of monetary compensation of Rs.25,000/- (Rupees Twenty Five
Thousand) shall not be granted to the victim as per Section 18 of the
Protection of Human Rights Act, 1993. Response within four weeks, without fail.
Director General of Police, Uttar Pradesh is directed to get a fresh enquiry
conducted against the allegations of police inaction for about four months in
this matter, from a Gazetted Police Officer of any District other than
District Varanasi. Appropriate action be taken against delinquent police
officers including penal prosecution under Section 166/166A IPC & Sec.4
SC/ST POA Act, in accordance with laws. An Action Taken Report be submitted
within four weeks, without fail. District Magistrate, Varanasi is directed to
submit his report indicating payment of monetary relief/ other benefits to
victims under Schedule Caste and Schedule Tribe (Prevention of Atrocities)
Act or under State Victim Compensation Scheme in connection with Case Crime
No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA
Act, PS: Badagaon. Response within four weeks. A copy of these proceedings be
also transmitted to the complainant and to the victim for their information.
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Action Taken
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Additional
Information Called for (Dated 2/21/2017 )
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Status on 7/9/2017
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Response from concerned authority is awaited
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Sunday, July 09, 2017
A step against police official in case of dalit woman
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