X Rape Victim Crime No. 007 of 2022 P.S. Inhauna Amethi Thru Her Father/Informant v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC12 Dec 2024WRIC/9805/2024

Case brief

AI extract

What is this about?

This order directs interim impleadment of police and medical officials to clarify delays in uploading case information and disbursing compensation under the U.P. Rani Laxmi Bai Mahila Evam Bal Samman Kosh following a rape incident.

What did the court decide?

Directed petitioner to implead SP SHO and CMO; ordered fresh affidavits from Director and officials detailing timelines for uploading information and disbursing compensation; directed cause showing fo

X Rape Victim Crime No. 007 of 2022 P.S… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 2

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Case :- WRIT - C No. - 9805 of 2024 Petitioner :- X Rape Victim Crime No. 007 Of 2022 P.S. Inhauna Amethi Thru Her Father/Informant Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

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Counsel for Petitioner :- Anil Kumar Tiwari,Ujjawal Tewari

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Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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Learned counsel for the petitioner is directed to implead the Superintendent of Police, Amethi, the Station House officer, Inhauna, District Amethi as also Chief Medical Officer, Amethi as opposite parties during course of the day.

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Affidavit filed by the Director-opposite party no.2 and Notification dated 06.02.2015 filed today are taken on record.

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We have gone through the affidavit filed by the Director, Women Welfare, who is also the Prescribed Authority for operating the U.P. Rani Laxmi Bai Mahila Evam Bal Samman Kosh.

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We find the affidavit to be sketchy especially as in our interaction with her, on-line, what came out is that the incident of rape took place on 18.11.2022. The petitioner is victim of the said incident. Charge sheet was filed by the Investigating Officer in the court of competent criminal jurisdiction on 19.4.2023 wherein one of the offence was punishable under section 3/4 of the POCSO Act, 2012. Once the charge-sheet mentioned this offence, then the rape victim became entitled for compensation under the Fund known as The U.P. Rani Laxmi Bai Mahila Evam Bal Samman Kosh. However, the Police Officer as informed by Ms. Sandeep Kaur, Director, uploaded the information on the portal of the aforesaid Directorate only on 13.03.2024. Meaning thereby, he took almost a year since filing of the charge-sheet to upload the information. Now, if this fact is

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correct, then the Officer has to be asked as to what is the reason for such delay in uploading of information as the Officials of the Directorate come into action only after such information is uploaded as informed by Ms. Kaur. After the information is uploaded, the matter is referred to the Medical Officials and the Chief Medical Officer gives his report, which in this case was given on 24.04.2024. Thereafter, the matter is placed before the District Level Committee which is headed by the District Magistrate. The quorum not being complete, the Committee could not meet and ultimately met on 06.08.2024 and the decision to recommend the petitioner's claim for compensation under the aforesaid Scheme keeping in mind the Rules of U.P. Rani Laxmi Bai Mahila Evam Bal Samman Kosh, Niyamawali, 2015 was taken on 16.08.2024. Thereafter, certain other formalities were required to be completed as informed by Ms. Kaur and after completion of the same, the amount was deposited in the account of the petitioner online on 28.11.2024.

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We would like to have a better affidavit of the Director giving details as to when the Police Officer uploaded the information with supporting proof thereof etc. The Director in her affidavit which is to be filed shall give details of all the formalities completed with reference to respective dates on which the same was completed by different authorities whether it be the District authorities or the officials in her Directorate with supporting proof because we do not accept nor appreciate the delay. If we find inordinate delay in completing the formalities specially at the level of the police authorities. i.e. if what has been stated by Ms. Kaur is found to be correct, we would like to put some mechanism in place to ensure that it does not happen in future and if it does happen without any justifiable cause, then the Officer responsible for the same is made accountable whether by way of disciplinary proceedings or monetarily. We, therefore, direct the Director to file a fresh affidavit.

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The other officials and the Chief Medical Officer, Amethi, shall also file their separate affidavit.

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Notices for newly impleaded parties shall be served in the office of the Chief Standing Counsel within three days.

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The said newly impleaded officers shall file their separate affidavits clearly indicating the date on which they had completed the formalities regarding uploading of the information etc as referred hereinabove for the purposes of the aforesaid Rani Laxmi Bai Mahila Evam Bal Samman Kosh.

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The affidavit of the concerned Officials shall also show cause as to why cost of litigation and penal cost be not imposed for making the petitioner to come to the High Court for seeking a relief which in fact is provided in the Rules itself and secondly, for the delay by payment of compensation.

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List in the first week of February, 2025.

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Even though the compensation has been paid to the petitioner we would like to go into the said issue, therefore, no application for withdrawal of the writ petition would be entertained by the Registry.

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Order Date :- 12.12.2024 Pks

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[Brij Raj Singh,J.] [Rajan Roy, J.]

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

X Rape Victim Crime No. 007 of 2022 P.S. Inhauna Amethi Thru Her Father/Informant v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

X Rape Victim Crime No. 007 of 2022 P.S. Inhauna Amethi Thru Her Father/Informant v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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