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YB WEB DESK. Dated: 1/20/2022 12:10:56 PM

Delhi High Court slams UP Police for forging documents in illegal arrest case

New Delhi, Jan 19 The Delhi High Court on Tuesday has said, “Free will marriage by majors is not offence of kidnapping unless until abetment of marrying,” while coming down heavily on Uttar Pradesh Police for forging documents and illegally arresting two family members of a man who married a woman against her parents’ wishes. A single-judge bench of Justice Mukta Gupta has noted the submissions made in a status report filed by the Uttar Pradesh government that the inquiry conducted by senior police officials revealed that the two men were illegally taken from Delhi without informing the local police and their formal date and place of arrest was not shown correctly. Senior Advocate Garima Prasad, AAG, State of Uttar Pradesh, submitted that a fair inquiry has been conducted in the matter and strict action shall be taken against erring police officers. “The fact of the matter is after concerning CDR you were able to locate that Police officer has taken them away. After taking them from here, the police officer comes to Delhi he does not inform the Local Police that they are taken, showing arrest and keeping in judicial custody. This is exactly been stated by mother of petitioner no. 2,” said the bench. Further the bench said, “The constable didn’t come on his own, it was all on the instruction of SHO, isn’t it manipulation of record, the FIR and arrest being made on the same day. The FIR itself says girl is major, no efforts made to talk to the girl.” “It is Complete forgery of documents, A to Z every document is forged…investigation may be callous but you cannot forged the documents…somebody is taken away, picked up illegally and shown as arrested. Laxity & forgery of documents are two different things, Laxity and Investigation are not offence but this is clear case of forging documents. The agony of people can be understood not stating anything in the petition, incidentally in physical hearing after making queries the incident was revealed otherwise would have languished all time. Free will marriage by majors is not offence of kidnapping unless until abetment of marrying,” said Justice Mukta Gupta. “They (UP Police) did come in Delhi & Picked up father and brother, so that the couple can follow, once they come within the jurisdiction of family, they can do whatever they want,” the Court added. The High Court noted in its order that, “On 18th November, the learned Additional Advocate General appeared on behalf of State of Uttar Pradesh that in FIR no. 398/2021 cancellation report has been filed and brother and father of the Petitioner no. have been released, as the investigation was not carried off properly, SIT has been duly constituted by DIG Saharanpur, headed by SP Saharanpur to investigate the flagged issue. In relation to the acquisition with regard to the brother and father of the petitioner no. 2 from Delhi by Shamli Police. It was revealed that no officer from Shamli Police came to Delhi on 6th August, 2021 but on 6th September, 2021. SI Narendra Kumar Verma along with constable Anand came to the house of petitioners at Delhi on 6th September, 2021 at about 6pm from where three police officer took Rajinder Singh and Amrit to Shamli on 6th September 2021. On being taken to Shamli, on failure to return the petitioner no. 1 to the complainant family, at about 8th September, 2021 they were shown to be arrested. The scientific investigation reveals that mother of Petitioner no. 2 who filed an affidavit before this court that her husband and son were taken by UP police on 6th August, 2021 but they were actually taken away on 6th September, 2021. The inquiry clearly implies that Rajinder Singh and Amrit were taken illegally from Delhi though there was no formal information given to Delhi Police, kept in illegal arrest for two days, arrest was shown on 8th September, 2021.” “This Court appreciate the inquiry officer conducting the detailed investigation and revealed the truth which was being complained by mother of petitioner no. 2. The Additional Advocate General states that in lieu of the finding of the inquiry report further necessary actions will be taken against the concerned inquiry officers, not only mislead but also created false documents during the investigation and didn’t during the inquiry state the correct facts, revealed latter by the analysis of the court. Order are to be passed by the court, Needless to note that Rajinder Singh and Amrit and any family member could be at liberty to take any civil or criminal action if they desire,” the Court further stated in its order. The court disposed of the plea by the couple who had approached the high court with a petition seeking protection. The plea, through advocate Awadesh Kumar, had said that the couple got married in July of their own free will but were now being threatened by the woman’s family. They had further contended that the whereabouts of the man’s father and brother were not known after their arrest on September 8, 2020 allegedly from Delhi.