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2014 DIGILAW 3014 (ALL)

Kashi Ram v. State of U. P.

2014-09-25

D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner lodged a first information report which was registered as Case Crime No.159/13 under Sections 147/148/149 and 302 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Kamlapur, District Sitapur in which it has been alleged that his son Mauji Lal, aged about 20 years was murdered. The Investigating Officer submitted a final report which was rejected by the Chief Judicial Magistrate, Sitapur on 26 September 2013 while summoning the accused to face trial. The summoning order was challenged in a revision. The revision was dismissed on 6 August 2014. Thereafter, it has been stated, an application under Section 482 CrPC was also dismissed on 1 September 2014. The National Commission for Scheduled Castes addressed a communication dated 30 September 2013 to the Superintendent of Police, Sitapur, inter alia, directing the arrest of the accused and for forwarding the claim of compensation to the District Social Welfare Officer. The petitioner has submitted a representation to the District Magistrate, Sitapur and Superintendent of Police, Sitapur, respondents 2 and 3 on 2 September 2014 for the grant of compensation. The compensation has been claimed under the provisions of Rule 12(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 read with Entry 20 of Annexure 1 to the Schedule to the Rules. Since the representation is pending, at this stage, we direct the second respondent, which is a competent authority as designated under Rule 12(4), to take an expeditious decision thereon in accordance with law and if it is found that the petitioner is entitled to relief there under, to ensure the payment of necessary relief as contemplated therein. This exercise may be completed with reasonable dispatch, preferably within a period of two months of the receipt of a certified copy of this order. The petition is, accordingly, disposed of. There shall be no order as to costs.