The Delhi High Court has directed the SHO PS Shamli and the Investigating Officer to present in court on the next hearing while slamming the Uttar Pradesh Police over their action in arresting the family members of a man who married to a woman, against her family’s wishes. “UP Mein Chalta Hoga Yaha Nahin,” remarked Justice Mukta Gupta, rebuking Uttar Pradesh Police.
The plea was filed before the High Court by a couple seeking protection from the woman’s family as they were getting continuous threats from her family members. In their plea before the High Court they had stated that were major and had married of their own free will, on 1st July 2021, contrary to the wishes of the parents of woman’s (petitioner no 1) family. They have impleaded them as respondent no 2 & 3. Further it was stated that father and brother of petitioner no 2 (man) were taken away by the UP Police for last one and a half month and complaints were not being accepted by the Police Station, Jyoti Nagar and they were not aware of the whereabouts of the father and brother. The Court had previously directed the SHO Shamli to be present in the Court.
An affidavit filed by mother of petitioner no 2 (man) has revealed that her husband Rajender Kumar and elder son Amit aged 24 years arrested and taken away by UP Police on 6th August 2021 from their residence and police didn’t gave any particulars of the case despite her request.
Justice Gupta has warned SHO Shamli and said I will get all the CCTV footages and if it is found later that the UP Police has came to Delhi to arrest them, I’ll make sure a departmental enquiry is done against you.
Further the Court has enquired from SHO Shamli as to whether after registration of FIR on the complaint of respondent No 3 the mother of the petitioner No 1 whether any enquiry was made as to whether the petitioner No 1 has gone of her own free violation, what efforts were made to trace her and whether they were informed that petitioner No 1 was a major. In response to this SHO Shamli told the court that none of the documents given by the complainant Mother of petitioner No 1, showing her age. But the Court noted that it was revealed to the investigating officer that the petitioner No 1 was a major as per the admission of the complainant herself.
The Court has directed, “An affidavit will be filed by the SHO PS Shamli indicating as to what efforts were made to trace the petitioner No.1 in Delhi, whose address was also revealed to them in the FIR and if they came to Delhi whether intimation of their arrival was ever made to the local Police Station before taking any further action.”
The Court noted, “investigating officer of the FIR No. 398/2021 has already recorded the statement of Petitioner No.1 under Section 161 Cr.P.C. and to carry out a proper investigation in FIR No. 398/2021 registered at PS Shamli, UP, the SHO PS Shamli, UP states that the statement of the petitioner No.1 is required to be recorded under Section 164 Cr.P.C.”
Following which the Court had permitted SHO PS Shamli, UP, to get the statement of the petitioner No.1 recorded under Section 164 Cr.P.C. for which the petitioner No.1 will cooperate and appear before the learned CMM, Patiala House Court who will mark the matter to Link Magistrate for recording of statement of petitioner No.1 under Section 164 Cr.P.C. today itself or tomorrow so that after necessary investigation, the investigating officer can leave Delhi and thereafter take further action in accordance with law.
The Court has directed SHO Shamli to file an affidavit with regard to the enquires made by it within two weeks and list the matter for hearing on November 18, 2021. “SHO PS Shamli and the investigating officer will be present in Court,” said the Court.
The Court had previously directed the ACP concerned to be present in the Court and to file a status report under the signatures of DCP concerned. The Court was informed that Rajender Singh & Amit have been arrested in Case FIR 398/2021, dated 6th September, 2021 under Section 366 IPC, which was registered on the complaint of Ms Babli, mother of woman & Section 368 IPC was added later on which both of them were arrested on 8th September, 2021 from Kudhana Bus Stand, District Shamli, UP and they are presently in Judicial Custody.
Justice Mukta Gupta had expressed displeasure at the way in which the UP Police has taken action. The Court had said, “one fails to understand when petitioner no 1 is a major and has left her parental home of her own free will and married to petitioner no 2, how an offence under Section 366 IPC and Consequential offence under Section 368 IPC is made out. It is unfortunate that even without finding that petitioner No1 was a major or minor and without finding correct facts from her, arrests in the FIR in question have been made.”