There would be no reform in system unless parallel police control by local unit of incumbent party is curbed.

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Whether Human Rights Violations in this country are not on the zenith.
2 messages
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 30 March 2018 at 17:05

To: supremecourt <supremecourt@nic.in>, covdnhrc@nic.in, ionhrc@nic.in, cr.nhri@nic.in


Cc: cmup <cmup@up.nic.in>, hgovup@up.nic.in, csup@up.nic.in

Bcc: pmosb <pmosb@pmo.nic.in>, presidentofindia@rb.nic.in, urgent-action <urgent-action@ohchr.org>

An application under the article 32 of the constitution of India in order to curb the violations of fundamental rights of members of weaker and oppressed class of society.
To
                                              Hon’ble chief justice of             India/companion Judges, Supreme Court of India, Tilak Marg, New Delhi-110201, 011-23388922-24,23388942, FAX 011-23381508,23381584.
Subject-An enquiry under the article 51 A of the constitution of India. Whether the named accused in the F.I.R. registered under section 302 of the Indian penal code can be set scot free by the investigation officer of Inspector rank? It is well-known fact that Tyranny originates from discretion and how in this largest democracy in the world an inspector can be vested with such extraordinary powers of discretion that even hardcore criminals wanted under section 302 subjected to the jurisdiction of the session court are spared at his discretion?
With due respect, your applicant invites the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that matter is concerned with the First Information Report registered under section 154 of the criminal penal code on 01/12/2017 which description is as follows.
Police station –Kaushambi, District-Kaushambi, State-Uttar Pradesh, Case crime number-0185, Year-2017, registered under sections 302 & 201 of the Indian penal codes. Vide First Information Report attached to the PDF documents with this representation.
2-It is submitted before the Hon’ble Sir that it is most surprising that all accountable public functionaries in the state were informed by Girja Devi W/O Informant Ramlochan, Village –Bainskanti, Police station-Karari, Tahsil-Manjhanpur, District-Kaushambi, State-Uttar Pradesh but no anyone has time to pay heed to the matter concerned with this aggrieved lady. Ipso facto obvious from the attached communications sent to various accountable public functionaries in the state by the aforementioned lady, alleged that named accused in the F.I.R. left scot-free by the inspector of police station as well as carrying out investigation in the F.I.R. moreover these alleged murderers not only influencing the witnessed but also threatening those with the same consequences who pursuing the case at various levels. Whether in this surrounding of the terror, justice is feasible to members of weaker and oppressed class?
3-It is submitted before the Hon’ble Sir that on one side of the screen, public functionaries in the state claiming to law order in the state under control but another side of the screen, the actual state of law order is terrific and frightening. Here we are not only suffering the tragic incidences perpetrated by the criminals but also we are indirectly reigned by the criminals as they are having the protection of the system ipso facto obvious from the contents of the communications of the aggrieved lady as well as news published in the Hindi daily exposing the public staffs in the state.
4-It is submitted before the Hon’ble Sir that REPORTABLE
IN THE SUPREME COURT OF INDIA
 CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 68 OF 2008
The important issue which arises for consideration in the referred matter is whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same?”
Central Government Act
Section 154 in The Code Of Criminal Procedure, 1973
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under subsection (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
Conclusion/Directions:
88
111) In view of the aforesaid discussion, we hold:
(i) Registration of FIR is mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
(ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether the cognizable offence is disclosed or not.
(iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
(iv)The police officer cannot avoid his duty of registering offence if a cognizable offence is disclosed. Action must be taken against erring officers who do
89 not register the FIR if the information received by him discloses a cognizable offence.
(v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
 (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for the delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant
90 preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case, it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General
Diary entry.
(viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
91(112) With the above directions, we dispose of the reference made to us. List all the matters before the appropriate Bench for disposal on merits.
………………………………CJI.  (P. SATHASIVAM)
And companion judges.(DR. B.S. CHAUHAN) (RANJANA PRAKASH DESAI)(RANJAN GOGOI) (S.A. BOBDE)
NEW DELHI; NOVEMBER 12, 2013
4-It is submitted before the Hon’ble Sir that The Constitution Bench of the Supreme Court has held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. The five Judge Bench comprising of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi has made the above observation while answering a reference to it, which arose from Transfer Petitions, eleven seeking transfer of civil cases from or to the State of Jammu and Kashmir while the remaining two seek transfer of criminal cases from the State to Courts outside that State.
It is most unfortunate that here investigation officer is not changed by the state even after serious allegations by the aggrieved members. 

                     
This is a humble request of the applicant to you Hon’ble Sir that it can never be justified to overlook the rights of the citizenry by delivering the services in an arbitrary manner by floating all set up norms. This is the sheer mismanagement which is encouraging wrongdoers to reap the benefit of loopholes in the system and depriving poor citizens of the right to justice. Therefore it is the need of the 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.
                                          Yours sincerely
                               Yogi M. P. Singh Mobile number-7379105911Mohalla-Surekapuram, Jabalpur Road District-Mirzapur, Uttar Pradesh, India.


2 attachments
Activism of police and poor law order in the Uttar Pradesh.pdf
882K
Gmail – shivlochan hatya kand me kiya gaya F I R.pdf
411K
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 3 April 2018 at 13:39
To: supremecourt <supremecourt@nic.in>, covdnhrc@nic.in, ionhrc@nic.in, cr.nhri@nic.in

 Whether Human rights of the citizenry are safe in this largest populous state of the largest democracy in the world?

Subject-No improvement in the law order in the state of Uttar Pradesh. Think about the gravity of the situation that even First Information reports are not lodged, in the serious offences like rape with women and girls, by the police in the state.

With due respect, your applicant invites the kind attention of the Hon’ble Sir to the following submissions as follows.


1-It is submitted before the Hon’ble Sir that it has been common practice, to curb the crime graph rise on paper, therefore police in the state don’t lodge First Information reports. Whether such rampant practice will be instrumental to curb the crime in the state? How the tragic incidences of rape will be curbed if such serious offences will be lodged by the state police as case molestation? It is most unfortunate that when the complaints are made to senior rank officers they remain mute spectators. To face the challenges of growing incidences of rape and other serious offences against women and children, there must be transparent and accountable mechanism but it seems no accountable public functionaries prefer transparent and accountable system. Hon’ble Sir may be pleased to take a glance at the second page of the attached document.

 2-It is submitted before the Hon’ble Sir that Hon’ble Sir may be pleased to take a glance at the first page of the attached document.

Gang rape with the adolescent girl of 15 years of age.

Place of tragic incidence-Boodhpur under police station- Sarpatahaa District –Jaunpur Uttar Pradesh.

Time-6:30 at the evening date-31-March-2018, Matter was reported to nearby police chauki, next morning on 01-04-2018 but police didn’t lodge F.I.R. but on 02/04/2018 when relatives of the victim gathered at the police station Sarpatahaa and made a moral pressure on police, then F.I.R. was lodged by the Sarpatahaa police.  

3-It is submitted before the Hon’ble Sir that whether it was not obligation of police concerned to lodge F.I.R.? In order to succumb from the pressure of gathering concerned staffs of the Sarpatahaa police station lodged First Information report if suppose that there may be no pressure of gathering, then police will not register F.I.R. as in the case as reported in the first page of the attached document in which case of gang rape was registered as case of molestation. Whether such working style of the police is justified?

This is a humble request of the applicant to you Hon’ble Sir that it can never be justified to overlook the rights of the citizenry by delivering the services in an arbitrary manner by floating all set up norms. This is the sheer mismanagement which is encouraging wrongdoers to reap the benefit of loopholes in the system and depriving poor citizens of the right to justice. Therefore it is the need of the 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.




                                          Yours sincerely

                               Yogi M. P. Singh Mobile number-7379105911Mohalla-Surekapuram, Jabalpur Road District-Mirzapur, Uttar Pradesh, India.
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Whether anyone accepts the truth or not but the truth is after all truth.
1 message
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 22 March 2018 at 16:46
To: pmosb <pmosb@pmo.nic.in>, presidentofindia@rb.nic.in, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, cmup <cmup@up.nic.in>, hgovup@up.nic.in, csup@up.nic.in, uphrclko <uphrclko@yahoo.co.in>, lokayukta@hotmail.com

Subject-There is multiple reports of gang rape per day even in Purvanchal but still, we have good governance in the state. What criteria to decide the good governance.
Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to following submissions as follows.
1-It is submitted before the Hon’ble Sir that undoubtedly to maintain law order in the state is neither included in the union list nor concurrent but purely subjected to state administration. During the regime of outgoing incumbent, accountable public functionaries in the central government kept their hands clean in the name that this is failure of the state machinery and sometimes through Home ministry sought queries but now when both centre and state is being ruled by the same party, then accountable public functionaries in the centre don’t speak a single word against the misrule in the state. Which implies that citizenry in the state is the loser by installing the same party government both in the state and centre.
2-It is submitted before the Hon’ble Sir that undoubtedly whatever may be claimed by the accountable public functionaries in the state in regard to good governance but everything is hollow if even media reports may be studied which are daily served by our fourth pillar of democracy.
3-It is submitted before the Hon’ble Sir that today I am taking a reference to a single newspaper report i.e. report of leading Hindi daily Dainik Jagaran. According to the report, four people raped 25 years old married woman and in the second report and adolescent was raped by two youths. For details, please take a glance at the following reports. 
This is a humble request of your applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness, and chaos in an arbitrary manner by making a mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray you, Hon’ble Sir.
                                                         Yours sincerely
                                              Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh. Pin code-231001.

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Mahesh Pratap Singh Yogi M P Singh

Hon'ble Sir that on one side of the screen, public functionaries in the state claiming to law order in the state under control but another side of the screen, the actual state of law order is terrific and frightening. Here we are not only suffering the tragic incidences perpetrated by the criminals but also we are indirectly reigned by the criminals as they are having the protection of the system ipso facto obvious from the contents of the communications of the aggrieved lady as well as news published in the Hindi daily exposing the public staffs in the state.

Arun Pratap Singh
2 years ago

154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under subsection (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.