Friday, July 28, 2017

Smt. Usha Jain Vs. DCP, Delhi Police | Case No.4/494/2015-Wel/CD/1206-07 | Dated: 27.07.2017




In the Court of the State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]

Case No.4/494/2015-Wel/CD/1206-07          Dated: 27.07.2017                                              
In the matter of:

Smt. Usha Jain
W/o Sh. Prem Prakash Jain
AU-118, Pitampura                                            
Delhi.                                                                              ……….Complainant

Versus

The Deputy Commissioner of  Police
(Delhi Police)
North West District
Ashok Vihar
New Delhi – 110024.                                                   ……….Respondent

ORDER

          Smt. Usha Jain, a person with 100% locomotor disability vide her complaint dated 10.04.2015 submitted that her neighbour Sh. Rakesh Jain and his wife manhandled her. Thereafter Sh. Rakesh Jain has been using derogatory language against her. She requested that FIR should be filed and strict legal action should be taken against him.

2.       The complaint was taken up with the respondent vide notice dated 05.05.2015. Thereafter the then Commissioner for Persons with Disabilities heard the parties 11.05.2015, 21.05.2015, 07.07.2015, 13.09.2015, 20.10.2015 and 09.11.2015. 

3.       The respondent vide letter dated 14.05.2015 informed that the complaint  was enquired into and action under Section 323 IPC was initiated. As regards  the allegation of eve-teasing & molestation against Sh. Rakesh Jain, the same was found to be baseless and the same was not substantiated and no more police action was warranted. Vide letter dated 07.07.2015, the respondent also informed that an FIR No. 485/15 under Section 323/354/509/IPC at PS Maurya Enclave, Delhi had been registered on the statement of the complainant. Sh. Rakesh Jain was served notice under Section 41 (A) Cr.pc. {She reported the matter to the police at Police Station, Maurya Enclave, Pitampura}. Vide letter dated 09.11.2015, S.I Afaque Ahmad informed that after completion of the investigation of the case, the chargesheet against Sh. Rakesh Jain was submitted before the Hon’ble Court.

4.       The complainant was contacted on 25.07.2017 on telephone, when she informed that the case was pending before Hon’ble Court at Rohini and the next date of hearing is on 19.08.2017. She has been advised to approach the Hon’ble Court for early disposal of her case considering her severe disability. In view of the fact that the case is before the Hon’ble Court, the complaint before the State Commissioner for Persons with Disabilities is closed and disposed off accordingly with   above advised.

           Given under my hand and the seal of the Court this  25th day of  July, 2017.          

                                                                                      (T.D. Dhariyal )
                                                  Commissioner for Persons with Disabilities
      


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