Police is not paying heed to complaint of student belonging to oppressed section, but UPHRC considers non-payment of dues justified



COMPLAINT / CASE STATUS

SHRC, Uttar Pradesh

Case Details

Diary No 1276/IN/2022 Case / File No 1357/24/30/2022

Victim Name ARVIND KUMAR Registration Date 19/05/2022

Action List (Click on Action given in blue color to view details)

Action No. Action Authority Action Date  

1 Dismissed in Limini NA 06/06/2022

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Action

Action : Dismissed in Limini(Action No 1)

Action Date 06/06/2022

Authority , NA

Procceeding

Perused the complaint of Yogi M.P. Singh dated 10.05.2022.

The allegations made therein do not indicate violation of any human rights by any public authority or officer. The complainant, if so desires, may approach the appropriate authority/forum for redressal of his grievance.

Subject to the above observations the complaint is finally disposed of.

Complaint

Diary No 1276/IN/2022 Section CHPR

Language ENGLISH Mode BY INTERNET

Received Date 10/05/2022 Complaint Date 10/05/2022

Victim

Victim Name ARVIND KUMAR Gender Male

Religion Hindu Cast Scheduled Caste

Address S/O SANTOSH KUMAR, VILLAGE DEVIPUR, POST NADINI

District MIRZAPUR State UTTAR PRADESH

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Complainant

Name YOGI M. P. SINGH

Address MOHALLA SUREKAPURAM, SHREE LAKSHMI NARAYAN BAIKUNTH MAHADEV MANDIR

District MIRZAPUR State UTTAR PRADESH ( 231001 )

Incident

Incident Place NOIDA GAUTAM BUDDH NAGAR Incident Date 04/05/2022

Incident Category ABUSE OF POWER

Incident District GAUTAM BUDH NAGAR Incident State UTTAR PRADESH

Incident Details

Submissions of Arvind Kumar belonging to oppressed section before State Human Rights Commission of Uttar Pradesh against arbitrary report of assistant police commissioner Abdul Kadir 
An application on behalf of Arvind Kumar S/O Mr. Santosh Kumar belonging to the oppressed section under Article 51 A of the constitution of India to make enquiry regarding the illogical conclusion of Abdul Kadir, Assistant police commissioner first, central Noida, Gautam Buddha Nagar and Rahul Kumar, sub inspector, police station sector 63, Noida, District-Gautam Buddha Nagar.
संदर्भ संख्या : 40014122006783 , दिनांक - 05 May 2022 तक की स्थिति आवेदनकर्ता का विवरण :शिकायत संख्या:-40014122006783 आवेदक का नाम-Arvind Kumar
अंतरित ऑनलाइन सन्दर्भ 29-04-2022 शिकायतकर्ता द्वारा असंतुष्ट फीडबैक प्राप्त होने पर उच्च अधिकारी को पुनः परीक्षण हेतु प्रेषित. क्षेत्राधिकारी / सहायक पुलिस आयुक्त-सहायक पुलिस आयुक्त- 1 सेंट्रल नॉएडा ,जनपद-गौतम बुद्ध नगर 04-05-2022 THIS IS A MATTER OF CHEQUE BOUNCING AND RELATED TO HONORABLE COURT निस्तारित
To register F.I.R. against the proprietor of the company of cheating and cheque bounce. Employee provided services for three months and in the name of providing remuneration, he visited three times from Allahabad to Noida.then employer provided a cheque to pay one month remuneration unfortunately this cheque bounced.
The Dishonour of a Cheque is a criminal offence under Section 138 of the Negotiable Instruments Act,1881. This act was brought into force in order to inculcate a sense of trust and a faith in the effectiveness of the banking operations in our country.
The matter concerns the bounce of cheque provided by the employer company named Propuser. Com, whose Address is - block - H-196,sector -63 Noida UP to the employee Arvind Kumar which is a criminal offence Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.
Company Address - block H-196,sector-63 Noida UP Company HR mobile number -7488816846 (Anamika) ,Rawat Sir team leader mob no -9818944077 Company Name - Propuser. Com, Company Address - block - H-196,sector -63 Noida UP
According to Abdul Kadir, Assistant police commissioner first, central Noida, Gautama Buddha Nagar and Rahul Kumar, sub inspector, police station sector 63, Noida, District-Gautam Buddha Nagar, the matter concerns cheque bounce is of civil nature which is amenable before the appropriate civil court. Which is an absurd conclusion of a police officer like Assistant police commissioner.
Whether it is justified that a company/employer may carry out its business without providing remuneration to its employees ipso facto obvious from the acts of the company and police local is in the good faith of the company.
Cheating is a criminal offence under the Indian Penal Code. Here the employer committed a criminal offence quite obvious from his cheating through a bounced cheque. Concerned investigation officer adopted a lackadaisical approach in the matter consequently such activities will be promoted in the society day by day. Sec 420 of IPC is an aggravated form of cheating. Simple cheating is punishable under Section 417 of IPC. Section 417 of IPC states that whoever is held liable for the offence of cheating shall be punished with imprisonment for a term which may extend to one year or with fine, or with both fine and imprisonment. Here employer also committed breach of trust but police failed to reach at stage to be instrumental in providing justice to aggrieved. Section 405 – 409 of the Indian Penal Code deals with the Criminal Breach of Trust. Here employer committed criminal breach of trust by not providing the salary to employer.
Please take action against corrupt nexus between police and unethical company carrying out business by keeping entire laws at the bay. Where is human rights of the Arvind Kumar belonging to oppressed section provided three months services to company at meagre salary less than minimum wages decided by the government of Uttar Pradesh and finally did not provide any salary. Cheque bounce was also preplanned strategy to cheat Arvind Kumar S/O Mr. Santosh Kumar. For more feedback, vide attached document to the grievance.
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