आवेदन का विवरण, शिकायत संख्या–40020018000753
आवेदक कर्ता का नाम: Yogi M. P. Singh, आवेदक कर्ता का मोबाइल न०:7379105911,7379105911
विषय: Departure of poor children for heavenly abode because of dereliction of public staffs can’t be a good signal for any governance. Subject -Negligence of public staffs toward unclaimed children which reflects the insensitivity of the government of Uttar Pradesh to vulnerable section and district administration concerned Undoubtedly matter is concerned with the human rights violation but this lead item, main page published/covered story will not be taken into account by our accountable public functionaries 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 please take a glance of attached story published in leading dailies at their front pages showing reluctant approach of the DM and probationary officer concerned of District- Sonbhadra who instead of taking solid and strong steps indirectly passing over the matter which is not a healthy practice as mockery of provisions of law and create bad impression on the society 2-It is submitted before the Hon’ble Sir that whether the juvenile reform centres are looked after in this largest populous state of the country in this way Here this question arises that when one week earlier one child died because of health problem, why precautionary measures were not taken by the concerned accountable public functionaries 3-It is submitted before the Hon’ble Sir that whether DM concerned ordered an enquiry if not why Whether the law of land provides no protection to our orphans Everyone has compassion for the mute and dumb children but here nothing is so otherwise these tragic incidences could be avoided Most of the social welfare schemes of the government is not reaching to the needy because of its public servants which must be stopped at any cost 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 the mockery of law of land This 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
नियत तिथि:30 – Jan – 2018
शिकायत की स्थिति:निस्तारित
फीडबैक: दिनांक 23/02/2018को फीडबैक:- Two children died in children protection centre running under the vigilant supervision of the Probationary officer, District Sonbhadra, Uttar Pradesh because of sheer mismanagement and in media address both district magistrate and probationary officer boasted and show off. D.M. Sonbhadra assured the media people that proper enquiry would be carried out and no one would be spared and action would be taken irrespective of their rank and status. Probationary officer, District Sonbhadra, Uttar Pradesh boasted that concerned NGO will be blacklisted and so on. I was contacted on Telephone twice once someone introduced himself as the clerk in the office of probationary officer had lengthy conversation with me regarding the matter concluded the telephonic conversation that Probationary officer itself will talk regarding the matter concerned as he was busy in the meeting with D.M. Two days letter later, someone contacted me on my Mobile number-7379105911 by introducing itself as the Probationary officer Sonbhadra who repeated the words of his clerk that both suffered from anaemia which resulted in their deaths and requested me to close the matter. I asked him if both were his son, then he had adopted the same treatment, then he asked me what should be done. I requested him malnutrition resulted in anaemia consequently thorough enquiry may be ordered in the matter and he assured me enquiry but two days later it seems that few influential gave them tonic and they closed the case on the ground of fabricated facts and concocted story. Whether those accountable for the death of two mute and dumb orphans may be set scot free as done by district administration Sonbhadra in order to conceal its lacuna? Who is shielding the concerned public staffs whose dereliction is prima facie proved? Whether human rights of vulnerable children are safe who are dying because of sheer mismanagement of public staffs?
फीडबैक की स्थिति:फीडबैक विचाराधीन
आवेदन का संलग्नक
अग्रसारित विवरण- क्र.स. सन्दर्भ का प्रकार आदेश देने वाले अधिकारी आदेश दिनांक
अधिकारी को प्रेषित आदेश आख्या दिनांक आख्या स्थिति आख्या रिपोर्ट अंतरित ऑनलाइन सन्दर्भ 15 – Jan – 2018 जिलाधिकारी-सोनभद्र,-13/02/2018 nistarit निस्तारित
2 आख्या जिलाधिकारी ( ) 15 – Jan – 2018 जिला प्रोबेशन अधिकारी-सोनभद्र,महिला कल्याण विभाग आवश्यक कार्यवाही करने का कष्ट करें एवं आख्या प्रेषित करेंnistarit 12/02/2018
sanstha ko chetavni parta jari kar diya gaya hai aur pm report bhi le liya gaya hai
2-It is submitted before the Hon’ble Sir that The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005, an Act of Parliament (December 2005). NCPCR is a statutory body under the CPCR Act, 2005 under the administrative control of the Ministry of Women & Child Development, Government of India. The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
3-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 of 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.
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 the 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.
(vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the fact and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:
(a)Matrimonial disputes/ family disputes
(c) Medical negligence cases
(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
(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
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.
Yogi M. P. Singh Mobile number-7379105911Mohalla-Surekapuram, Jabalpur Road District-Mirzapur, Uttar Pradesh, India.