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Prayagraj, September 13 (HS). The Allahabad High Court has directed the Uttar Pradesh government to investigate the case in which the position of Assistant District Government Advocate in Jhansi is being misused by the officer to register an FIR under the SC-ST Act 1989 and demand compensation under the Act.
Petitioner No. 1 Lalita Yadav is posted as District Social Welfare Officer, Jhansi and petitioner No. 2 was earlier posted on the same post. Both have filed a petition in the High Court challenging the FIR lodged against them under the Indian Penal Code and SC-ST Act at the behest of the complainant. It is alleged that the petitioners had distributed only a part of the compensation under the Act in their official capacity, and illegally withheld the rest.
The petitioners told the High Court that the complainant was regularly filing false criminal cases to get compensation from the welfare scheme under the said Act. It was argued that as per the evidence, the complainant has taken about Rs 21 lakh. However, the petitioners also said that the amount taken was Rs 27 lakh for filing complaints against various persons. It was argued that the petitioner was not responsible for the compensation paid as she was not posted in Jhansi at that time. Further, it was argued that even though the second petitioner was posted in Jhansi, the grant of compensation was approved by a “four-member committee”.
A division bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deswal said, “The court finds that prima facie it appears to be a clear example of misuse of official position of ADGC (Criminal). However, no final conclusion is being recorded. And it would be appropriate that the entire matter be looked into personally through the Secretary, Home of the respondent State of Uttar Pradesh and appropriate action/direction be issued on his part and this Court be informed as to what action has been taken in this regard.”
The court observed that the respondent complainant had lodged 12 FIRs between 2014-2023 and received compensation in 9 of those 12 cases. Accordingly, the court said that the gravity of the matter required state intervention. The court directed the District Magistrate, Jhansi and Senior Superintendent of Police, Jhansi to personally look into the entire record and take appropriate steps. The High Court directed that an appropriate affidavit mentioning the steps taken be filed before the court.
The High Court has directed to list the case for re-hearing on October 21. The court has provided interim protection to the petitioners against arrest.