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Sir
The complaint email is forwarded
UPPCC
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From: urvashi sharma <
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Date: Fri, 06 Jun 2014 15:43:37 +0530
Subject: Snooping, threatening & Making indecent comments on a women
and making false statement to Police officer in preliminary inquiry by
IAS Sadakant : Request to get FIR filed
By e-mail
To : All Concerned Police Officers of Uttar Pradesh
dgp@up.nic.in,
dgpolice@sify.com,
adglo.up@nic.in,
atodgp@up.nic.in, igzonelkw-up <
igzonelkw-up@nic.in>, digrlkw
<
digrlkw@up.nic.in>,
ssplkw-up@nic.in, digcomplaint-up
<
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uppcc-up@nic.in
Sub. : Snooping, threatening & Making indecent comments on a women and
making false statement to Police officer in preliminary inquiry by IAS
Sadakant : Request to get FIR filed
Sir/Madam,
Please refer to my earlier mails.
This Complaint is against SSP Lucknow and S.O. Thana Hazratganj who
are not filing F.I.R. on my complaint against UP cadre IAS
Sadakant.Thus in the light of The Criminal Law Amendment act 2013,
both SSP Lucknow and S.O. Thana Hazratganj are accused of section 166A
of IPC and in the light of para 111 (iv) of order dated 12-11-13 of
Hon. Supreme Court of India passed in writ petition ( Criminal ) No.
68 of 2008 lalita kumara VS. Govt. of U.P. & others
Sadakant, while posted as Principal Secretary to Uttar Pradesh
Government misused his powers as a public servant and in his letter
no. 218 dated 10-01-13 has used words to insult my modesty and has
also threatened me in writing for my fight against corruption and
irregularities of IAS,IPS officials, politicians etc. Not only this I
was snooped by IAS Sadakant.
At that time my husband was working in the department headed by
Sadakant. I was snooped by Sadakant is very much evident from para 2
page 2 of 3 page letter no. 1480/20-IRLA-402-Ve.pa.pra./2013 dated 27
May 2013, issued by Kumari Meera Nath, Under Secretary to Government
of Uttar Pradesh.
An official of the stature of Principal Secretary shall never be able
to trace wife-husband relationship of a lady info-seeker who seeks
info as an individual citizen of India with an employee subordinate to
him until n unless she is snooped by that Principal Secretary and that
Principal Secretary's personal interest in her. Thus Sadakant is
guilty of crime of snooping also.
As per para 2 page 2 of 3 page letter no.
1480/20-IRLA-402-Ve.pa.pra./2013 dated 27 May 2013, issued by Kumari
Meera Nath, Under Secretary to Government of Uttar Pradesh , Sadakant
has written that I was doing a number of 'GALAT KARYA', which is
highly objectionable and derogatory to the modesty of a woman in
Indian Context. Here Sadakant is said to have written threatening
words that action against me was proposed.Not only this by misusing
his powers as Principal Secretary of Information department of Uttar
Pradesh, Sadakant got this published in various newspapers also which
caused me a great degree of embarrassment.
I made this complaint to SO Hazratganj. One A.A. Ansari ( Sub
Inspector PNO No. 982530058) conducted the preliminary inquiry in
which Sadakant misled the inquiry officer and uttered white lies. As a
public servant, Sadakant was legally bound to furnish true information
to police Sub-Inspector but he furnished false information to police
Sub-Inspector though he very well knew it was false. Para 2 page 2 of
3 page letter no. 1480/20-IRLA-402-Ve.pa.pra./2013 dated 27 May 2013,
issued by Kumari Meera Nath, Under Secretary to Government of Uttar
Pradesh establishes that Sadakant had commented on me but refused to
have done so to police Sub-Inspector. This is criminal under IPC also.
Vide Speed Post no. EU488566235IN dated 19-04-14 I wrote to Praveen
Kumar SSP Lucknow whereby I supplied SSP three page copy of letter no.
1480 dated 27 May 2013 of IRLA CHEQUE SECTION of UP Government but
nothing
has happened and I was compelled to make an online complaint on
web-portal of Uttar Pradesh Police. As per web-portal, my complaint
has been sent to Circle officer of Hazratganj.
order dated 12-11-13 of Hon. Supreme Court of India passed in writ
petition ( Criminal ) No. 68 of 2008 lalita kumara VS. Govt. of U.P. &
others Hon. Supreme Court of India specified as given under :
(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 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 cognizable offence is
disclosed. Action must be taken against erring
officers who do not register the FIR if 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 facts
and circumstances of each case. The category of
cases in which preliminary inquiry may be made
are as under:
(a) Matrimonial disputes/ family disputes
(b) Commercial offences
(c) Medical negligence cases
(d) Corruption 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 delay.
The aforesaid are only illustrations and not
exhaustive of all conditions which may warrant
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.
Though 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 but since
accused is a high profile official of Uttar Pradesh government, Police
department is not filing FIR and is delaying the matter to give time
to this high profile accused to harass me and my family.
The police officer cannot avoid his duty of registering offence if
cognizable offence is disclosed. Action must be taken against erring
officers who do not register the FIR if information received by him
discloses a cognizable offence but no action has been taken against
erring police officials in this case.
I, as a lady living in Uttar Pradesh, have no hesitation to say that
recent 'BUDAUN RAPE CASE' & 'Rape of a woman judge in Aligarh' like
incidents are happening in this government because of police officers
like SSP Lucknow and SO Thana Hazratganj of Lucknow. I am sure SSP
Lucknow and SO Thana Hazratganj of Lucknow do not have courage to file
FIR against IAS Sadakant.
On 03-06-2014, SSP Lucknow sent Sub Inspector / incharge of
Hussainganj Police post to my house to take my statement even before
filing a FIR against Sadakant. This is clear violation of law as laid
down by Hon. Supreme Court of India in writ petition ( Criminal ) No.
68 of 2008 lalita kumara VS. Govt. of U.P. & others but no one is
listening.
In Uttar Pradesh, this is as if IAS are above law and are legally
empowered to make derogatory comments on women,threaten women or snoop
women, deliberately misled police officer in preliminary inquiry and
go scot free.
If not,Please get the FIR filed against IAS Sadakant , punish SSP
Lucknow and SO Thana Hazratganj and get the case thoroughly
investigated in the light of The Criminal Law Amendment act 2013 and
law as laid down by Hon. Supreme Court of India in writ petition (
Criminal ) No. 68 of 2008 lalita kumara VS. Govt. of U.P. & others and
ensure that I am not deprived of deprived of my constitutional and
human rights.
Attachments :
1- One page scanned copy of report of Sub-Inspector A.A. Ansari.
2- 3 page scanned copies of letter no.
1480/20-IRLA-402-Ve.pa.pra./2013 dated 27 May 2013, issued by Kumari
Meera Nath, Under Secretary to Government of Uttar Pradesh.
3- 93 pages of order dated 12-11-13 of Hon. Supreme Court of India
passed in writ petition ( Criminal ) No. 68 of 2008 lalita kumara VS.
Govt. of U.P. & others in a pdf file.
Regards,
copies to –
1-
presidentofindia@rb.nic.in
2-
pmosb@pmo.nic.in
3- H.E. Governor of U.P. "hgovup" <
hgovup@nic.in>, "hgovup"
<
hgovup@up.nic.in>,
4-Chief Minister of U.P. "cmup" <
cmup@nic.in>, "cmup" <
cmup@up.nic.in>,
5-Chief Secretary of Uttar Pradesh "csup" <
csup@up.nic.in>,
Sincerely Yours,
Urvashi Sharma
Secretary - YAISHWARYAJ SEVA SANSTHAAN
101,Narayan Tower, Opposite F block Idgah
Rajajipuram,Lucknow-226017,Uttar Pradesh,India
Contact 9369613513
Right to Information Helpline 8081898081
Helpline Against Corruption 9455553838
http://upcpri.blogspot.in/
