- (1.) The petitioners, who are advocates have filed this writ petition allegedly in Public Interest seeking the following reliefs: "(a)Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the proper maintenance of public and law and order situation in the State of Uttar Pradesh. (b)Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure that police registers without any delay a FIR as soon as the information received by it and takes prompt action and Hon'ble Court may evolve a mechanism under which District Magistrate, Chief Judicial Magistrate or any other officer as may be deemed fit and proper may be directed to receive information of commission of an offence from the complainant and immediately direct the police to investigate, and such authority may also have power of supervision over police in matter of investigation of such crimes. (c)Issue a writ, order or direction in the nature of mandamus directing the State Government to evolve a policy and place before this Hon'ble Court for its approval for posting of police officers at police stations on the basis of merit and without any extraneous considerations of creed, caste, religion or political affiliation. (d)Issue a writ, order or direction in the nature of mandamus to the police officers to make independent and fair investigation and not to be influenced by political or other considerations and with liberty to approach/inform District Magistrate or Chief Judicial Magistrate in respect of any hindrance, influence or difficulties in making speedy and independent investigation. (e)Issue any other writ order or direction as the Hon'ble Court may deem fit and proper to do complete justice in the case. (f)Allow the costs of the writ petition."
(2.) Sri H.S. Jain, learned counsel appearing for petitioners has submitted that law and order situation in the State of Uttar Pradesh has deteriorated warranting the interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The cases of rape are increasing by the day. FIRs' are not registered or registered with delay, on account of which, the evidence which could be collected consequent to a prompt action cannot be collected and gets destroyed. The submission is that the existing mechanism for lodging of F.I.R./complaints for offences does not meet the requirements of the times, therefore, new mechanism is required to be evolved. The provisions of Section 156(3) of the Code of Criminal Procedure are no longer sufficient to protect the rights of the citizens.
(3.) Learned counsel for petitioners submitted that it is for the Court to fill the vacuum in law in this regard by providing requisite guidelines. One of the suggestions made by the learned counsel for petitioners is that if the FIRs are not lodged, the District Magistrate or Chief Judicial Magistrate or any other officer should be empowered to receive such information of commission of offence from the complainant so that immediate action could be ordered by the police to investigate the matter and that such authority should be granted power of supervision over the police in the matters of investigation of such crimes.;