PIL filed for enquiry into sexual assault and directive for police camp. Petitioner later informed charge-sheet filed. Court found PIL infructuous.
Petition dismissed as infructuous due to filing of charge-sheet.
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Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 99 of 2019
Petitioner :- Shambhavi Kant And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
The petitioners have filed this public interest litigation seeking the following reliefs:
" i. To direct the Respondent No. 2, 3 & 4 to constitute an enquiry committee to inquire into the incident of naked parade, assault, and insult of a poor woman in village Raipuri, Gopiganj of Sant Ravidas Nagar (Bhadohi) and its report before the Hon'ble court in the stipulated time.
ii. Issue a writ, order or direction in the nature of MANDAMUS directing the Respondent No. 4 & 5 to submit the status report as to the proceedings and action taken so far within the stipulated time period, during the pendency of this application otherwise the petitioner shall suffer irreparable loss and injury.
iii. To issue a writ directing in the nature of Mandamus commanding the Respondents to ensure the setting of a police camp comprising female constables in the area and further ensure the protection of the victim's family.
iv. To issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 4 & 5 to ensure that the First Information Report is lodged under the proper and adequate sections of the Indian Penal Code, 1860.
v. To issue any suitable writ directing the respondents to provide adequate compensation to the survivor for the harm to her dignity and self respect and award free medical facilities to the survivor and her husband."
Earlier, we asked learned Standing Counsel to seek instructions in the matter. He has received the instructions. It is stated therein that police after investigation has filed a charge-sheet in the competent court on 1.4.2019. In view of the said statement the public interest petition has become infructuous.
It is accordingly dismissed. There shall be no order as to costs.
Order Date :- 10.5.2019 Digamber
Shambhavi Kant
State of U.P.
Hon'ble Pradeep Kumar Singh Baghel
Hon'ble Rohit Ranjan Agarwal
As recorded by the court registry
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