- (1.) PETITIONER, who is a practicing advocate, is the victim of communal riot living in the city of Lucknow falling within Saadatganj, Police Station. An FIR was registered with regard to the incident but till date accused? persons have not been arrested despite repeated orders of this court on 8.2.2012, 15.3.2012 and 5.4.2012.
(2.) LEARNED Standing Counsel? states that? proceedings under Section 82 and 83 Cr.P.C. have been initiated but the activists could not be apprehended. It has been submitted by learned counsel for the petitioner that it is routine feature in the jurisdiction of Saadatganj, Police Station where communal riots take place almost every year. In such a situation, it is incumbent upon the government to strengthen the security measure and maintain communal harmony. Sufficient forces should be deployed in the different outposts of Saadatganj Police Station? where communal riots take place every year. Posting of one or two police officials shall not serve the purpose. Learned counsel for the petitioner further submits that every year peace breaks and communal riots take place and police fails to take adequate action for compelling reasons. In such a situation and keeping in view the routine feature in the jurisdiction of Police Station Saadatganj, the Director General of Police is directed to strengthen the police outpost existing within the premises of Saadatganj by providing additional police forces and also take appropriate measures to maintain communal harmony among the people residing in the area. By deploying armed police force in appropriate number at the outpost shall create confidence in the peaceful citizens residing in the area and also check the recurrence. The communal riot affected areas must be dealt with firmly and special attention should be given by the State Government to enforce law and order. The Director General of Police as well as Deputy Inspector General of Police, Lucknow are directed to provide additional force to strengthen the police out post in the Saadatganj Police station to thwart recurrence of the communal riots in the said area forthwith. Action taken report shall be communicated expeditiously, say within two months by the State Government and Director General of Police. Principal Secretary, Home and Principal Secretary Finance shall also look into the matter to provide required fund and infrastructure. So far as the present case is concerned, appropriate security has been provided to the petitioner, who is a practicing advocate, to run her office.? DIG/SSP Lucknow shall look into the matter with regard to the present case. So far as FIR lodged in the present case is concerned, we direct the State Government to refer the case registered as Crime No.46 of 2012 to CBCID forthwith CBCID, and proceed with the case in accordance with law expeditiously. Needless to say, in case the accused persons are not traceable, appropriate proceedings must be initiated under Sections 82 & 83 of Cr.P.C. for their arrest and proceed in accordance with law, expeditiously.
(3.) THE District Magistrate shall also look into the matter with regard to payment of damages to the petitioner in accordance with the provisions contained in Public Liability Insurance Act, 1991 and rules framed thereunder expeditiously. The writ petition is disposed of, accordingly. However, in case the order is not complied with, it shall be open to the petitioner to approach this Court again.;