Vimal Kumar Rastogi alleged police is not registering F.I.R. in grabbing of land and submitting arbitrary report in which charge sheet filed

Grievance Status for registration number : GOVUP/E/2023/0075979

Grievance Concerns To

Name Of Complainant

Vimal Kumar Rastogi

Date of Receipt

15/11/2023

Received By Ministry/Department

Uttar Pradesh

Grievance Description

Concerned police submitted arbitrary and inconsistent report in the following grievance and whatever report has been submitted by the police concerning the assault on the applicant by the offenders. It is noticeable that the current matter concerns the grabbing of the land which adjudication is pending before the court of the law which is self obvious from the report of the police submitted in the earlier grievances. The offenders are doing construction quite obvious from the attached photographs to the grievance so please take action instead of overlooking the matter by submitting inconsistent and arbitrary reports in the matter.

Grievance Status for registration number : GOVUP/E/2023/0069827

Grievance Concerns To Name Of Complainant-Vimal Kumar Rastogi, Date of Receipt-19/10/2023

Received By Ministry/Department-Uttar Pradesh

Grievance Description-The matter concerns Budaun police, district-Budaun, Uttar Pradesh. Police is adopting a lackadaisical approach in the matter of land grabbing in which adjudication is pending before the court of law.

Police are escaping from the matter on the flimsy ground which will promote the anti-social elements to keep on their illegal activities.

Most respected Sir, how can police escape from the matter merely on the ground that the matter is of civil nature and police itself accept that the matter is sub judice in various courts. Which competent court or magistrate provided them permission in the land which is sub judice before the court to install a submersible pump and grab it in a cryptic and mysterious way? Whether the act of the opposite party is not tantamount to house trespass and this land grabbing even when matter is pending before the court is not punishable under the various sections of the Indian Penal Code? Whether the opposite party is not superseding the court order because adjudication is pending before the various Court of Justice. Honourable Sir it is obligatory duty of the police to maintain the status quo of the impugned land but police have failed because of the partial approach in the matter.

In the report submitted by the Superintendent of police Budaun city it is quite obvious that in the concerned matter adjudication is pending before the court moreover this litigation has been submitted by the opposite party for seeking justice however the opposite party itself having no regard for the adjudication awaited from the respected court of law.

Which Canon law allows grabbing of the land by the litigant itself after filing litigation before the appropriate court and the litigant is privileged and having immunity from the action of the police?

Undoubtedly the matter is sub judice but the act of the opposite party is of criminal nature which must be taken into account by the concerned police under the appropriate section of the Indian Penal Code.

Consequently F.I.R. must be registered against the opposition party including main conspirator Dinesh Gupta S/O R.D. Gupta and Shipra Gupta W/O Dinesh Gupta under the following sections of the Indian Penal Code.

Section 441 (Criminal Trespass): When someone unlawfully enters a property, or lawfully enters a property but unlawfully remains there (such as a tenant after expiration of tenancy) with the intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property, it amounts to criminal trespass.

Section 425 (Mischief): When someone intentionally or knowingly causes destruction of a property or any change in a property that diminishes its value or utility, they are said to commit mischief.

Section 420 (Cheating): This provision is applied when someone cheats and deceives you into delivering any property to someone else.

Section 442 (House Trespass): This is a form of “criminal trespass” wherein the trespasser unlawfully enters a human dwelling, or any building used as a place of worship

Section 503 (Criminal Intimidation): Any threat of injury to person, reputation or property

Grievance Document

Current Status

Grievance received   

Date of Action

15/11/2023

Officer Concerns To

Forwarded to

Uttar Pradesh

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350

Grievance Status for registration number : GOVUP/E/2023/0069827

Grievance Concerns To

Name Of Complainant

Vimal Kumar Rastogi

Date of Receipt

19/10/2023

Received By Ministry/Department

Uttar Pradesh

Grievance Description

The matter concerns Budaun police, district-Budaun, Uttar Pradesh. Police is adopting lackadaisical approch in the matter of land grabbing in which adjudication is pending before the court of law.

Police is escaping from the matter on the flimsy ground which will promote the anti-social elements to keep on their illegal activities.

Most respected Sir how can police escape from the matter merely on the ground that the matter is of civil nature if police itself accepting that the matter is sub judice various courts. Which competent court or magistrate provided them permission in the land which is sub judice before the court how to install submersible pump and grab in cryptic and mysterious way? Whether the act of the opposite party it is not tantamount to the house trespass and this land grabbing even when matter is pending before the court is not punishable under the various sections of the Indian Penal Code? Whether the opposite party is not superseding the court order because adjudication is pending before the various Court of Justice. Honourable Sir it is obligatory duty of the police to maintain the status quo of the impugned land but police is failed because of the partial approach in the matter.

Grievance Status for registration number : GOVUP/E/2023/0059890 Grievance Concerns To Name Of Complainant-Vimal Kumar Rastogi, Date of Receipt-10/09/2023, Received By Ministry/Department-Uttar Pradesh

Grievance Status for registration number : GOVUP/E/2023/0058394, Grievance Concerns To Name Of Complainant-Vimal Kumar Rastogi, Date of Receipt-04/09/2023, Received By Ministry/Department-Uttar Pradesh

In the report submitted by the Superintendent of police Budaun city it is quite obvious that in the concerned matter adjudication is pending before the court moreover this litigation has been submitted by the opposite party for seeking justice however opposite party itself having no regard for the adjudication awaited from the respected court of law.

Which Canon law allows grabbing of the land by the litigant itself after filing litigation before the appropriate court and litigant is privileged and having immunity from the election of the police?

Undoubtedly the matter is sub judice but the act of the opposite party is of criminal nature which must be taken into account by the concerned police under the appropriate section of the Indian Penal Code.

Consequently F.I.R. must be registered against the opposition party including main conspirator Dinesh Gupta S/O R.D. Gupta and Shipra Gupta W/O Dinesh Gupta under the following sections of the Indian Penal Code.

Section 441 (Criminal Trespass): When someone unlawfully enters a property, or lawfully enters a property but unlawfully remains there (such as a tenant after expiration of tenancy) with the intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property, it amounts to criminal trespass.

Section 425 (Mischief): When someone intentionally or knowingly causes destruction of a property or any change in a property that diminishes its value or utility, they are said to commit mischief.

Section 420 (Cheating): This provision is applied when someone cheats and deceives you into delivering any property to someone else.

Section 442 (House Trespass): This is a form of “criminal trespass” wherein the trespasser unlawfully enters a human dwelling, or any building used as a place of worship or as place for the custody of property.

Section 503 (Criminal Intimidation): Any threat of injury to person, reputation or property with the intent to cause them to do something which they are not legally bound to do is a form of criminal intimidation

Grievance Document

Current Status

Case closed   

Date of Action

10/11/2023

Remarks

महोदय शिकायती प्रार्थना पत्र की जाँच कराकर आख्या संलग्न कर प्रेषित हैं

Reply Document

Rating

1

Poor

Rating Remarks

NotSatisfied

Appeal Details

Appeal Number

Date of Receipt

Appeal Text

Current Status

Officer Concerns To

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Government of Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350

To see the attached document to the grievance, please click on the link