Whether human rights of women and children are safe in the government of Uttar Pradesh . According to Uttar Pradesh police ,it waits direction of competent court under section Cr.P.C. 155 (2) after registering the non cognizable report and most surprising that this direction is sought by the victim (and police has no such power) seeking against atrocity of gangsters . These gems were explained by the office of circle officer ,District -Mirzapur as summoned by the aforesaid officer in the case number-5097 (63) /2016—2017/REP dated-29/06/16 for witness testimony.
29 July 2016
Hon’ble Chairman /members
Human Rights Commission
Government of Uttar Pradesh
Subject-Cr.P.C. 155 (2) is for police not victim and according to High court of judicature at Allahabad if victim want to seek direction of court under Cr.P.C. 155 (2) ,then it can submit its plea before the competent magistrate but it is not mandatory provision for victim in order to seek justice.
With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that Hon’ble member of Uttar Pradesh Human Rights Commission Justice U.K. Dhaon passed an order dated 27/06/2016 as follows –
I have gone through the allegations made in the complaint.
Let a copy of the complaint be sent to the Superintendent of Police, Mirzapur who shall make necessary inquiry into the mailer and submit the report before the Commission within four weeks.
List this petition after four weeks.
( Justice UK. Dhaon)
For detail please take a glance of attachment with this representation.
2-It is submitted before the Hon’ble Sir that circle officer Mirzapur city, Mr. Kulbhoosan Ojha summoned your applicant by issuing direction dated-25/07/2016 through concerned police chauki Mandi samiti ,District-Mirzapur. Summon was made available by the two police constables on the next date in the evening. Your applicant pursued the directive of aforesaid police officer and appeared for witness testimony on 28-07-2016 . Hon’ble Sir may be pleased to take a glance of attached documents with this representation.
3-It is submitted before the Hon’ble Sir that whether I.P.C. 323, 504 and 506 can be substituted by Cr.P.C. 107/16 as done by Station officer Vindhyachal Kotwali police and accepted by senior rank officers in the District. Most surprising that case under aforesaid I.P.C. Registered in the first week of June-2015 while case under Cr.P.C. 107/16 was lodged 3-months earlier i.e.in
the month of Mach of the same year.
4-It is submitted before the Hon’ble Sir that case under section 107/16 of criminal procedure code is triable by Sub district magistrate or city magistrate but case under Section 323, 504 and 506 of India penal code is triable by judicial magistrate of the first class.
5-It is submitted before the Hon’ble Sir that whether human rights of weaker and downtrodden section is safe in this anarchy because in non cognizable cases police can’t take any action under section 155(2) of criminal procedure code and victim does not remain in position to seek justice from the court. Whether so called legal aids provided by the government can be available to a member of weaker section deprived from two square meal and corruption is rampant in the system. If the justice is so cheaper ,then why do people sell their ancestral properties in the name of seeking justice.
6-It is submitted before the Hon’ble Sir that
The core rights for victims of crime include:
The right to be treated with fairness, dignity, sensitivity, and respect;
The right to attend and be present at criminal justice proceedings;
The right to be heard in the criminal justice process, including the right to confer with the prosecutor and submit a victim impact statement at sentencing, parole, and other similar proceedings;
The right to be informed of proceedings and events in the criminal justice process, including the release or escape of the offender, legal rights and remedies, and available benefits and services, and access to records, referrals, and other information;
The right to protection from intimidation and harassment;
The right to restitution from the offender;
The right to privacy;
The right to apply for crime victim compensation;
The right to restitution from the offender;
The right to the expeditious return of personal property seized as evidence whenever possible;
The right to a speedy trial and other proceedings free from unreasonable delay;
The right to enforcement of these rights and access to other available remedies.
7-It is submitted before the Hon’ble Sir that if cognizable and non cognizable are merely classification of legal system of India ,then why non cognizable cases are not reaching to competent court on flimsy ground because of rampant anarchy.
Cognizable offence and non-cognizable offence are classifications of crime used in the legal system of India
Cognizable offence means a police officer has the authority to make an arrest without a warrant.
The police is also allowed to start an investigation with or without the permission of a court.
The police can file a First Information Report (FIR) only in cases of cognizable offences.
Serious offences are defined as cognizable and usually carry a sentence of 3 years or more.
The Supreme Court of India said it is mandatory for the police to register an First Information Report for all complaints in which cognisable offence has been discovered.
8-It is submitted before the Hon’ble Sir that Legal Aid
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Article 14 and 22(1) of the constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all, When free legal aid will be provided ,answer is quite simple- if matter will be triable by the competent court but how it will reach to competent court?
9-It is submitted before the Hon’ble Sir that taken up matter is concerned with middle aged woman and her two adolescent children but where is justice for them in this anarchy?
Eligible persons for getting free legal services include: Women and children; Members of SC/ST; Industrial workmen; Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster; Disabled persons; Persons in custody; Persons whose annual income does not exceed Rs. 50,000/- Victims of Trafficking in Human beings.
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
Yogi M. P. Singh Mobile number-7379105911
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India .