Legal Topics

Delhi High Court slams UP Police for forging archives in unlawful arrest case

The Delhi High Court on Tuesday has said, “Free will marriage through majors is no longer offence of kidnapping except till abetment of marrying,” whilst coming down closely on Uttar Pradesh Police for forging files and illegally arresting two household contributors of a man who married a girl in opposition to her parent’s wishes.

A single-judge bench of Justice Mukta Gupta has stated the submissions made in a fame file filed by way of the Uttar Pradesh authorities that the inquiry carried out by way of senior police officers published that the two guys have been illegally taken from Delhi besides informing the neighbourhood police and their formal date and vicinity of arrest used to be no longer proven correctly.

Senior Advocate Garima Prasad, AAG, State of Uttar Pradesh, submitted that a truthful inquiry has been performed in the count number and strict motion shall be taken in opposition to erring police officers.

“The truth of the be counted is after regarding CDR you have been in a position to hit upon that Police officer has taken them away. After taking them from here, the police officer comes to Delhi he does no longer inform the Local Police that they are taken, displaying arrest and preserving them in judicial custody. This is precisely been cited with the aid of mom of petitioner no. 2,” stated the bench.

Further, the bench said, “The constable didn’t come on his own, it was once all on the guidance of SHO, isn’t it manipulation of record, the FIR and arrest being made on an identical day. The FIR itself says the lady is major, no efforts made to discuss to the girl.”

“It is Complete forgery of documents, A to Z every file is forged…investigation can also be callous however you can’t cast the documents…somebody is taken away, picked up illegally and proven as arrested. Laxity & forgery of archives are two extraordinary things, Laxity and Investigation are now not offence however this is a clear case of forging documents. The anguish of human beings can be understood now not pointing out something in the petition, by the way in bodily listening to after making queries the incident used to be published in any other case would have languished all time. Free will marriage by way of majors is now not the offence of kidnapping until till abetment of marrying,” stated Justice Mukta Gupta.

“They (UP Police) did come in Delhi & Picked up father and brother, so that the couple can follow, as soon as they come inside the jurisdiction of family, they can do anything they want,” the Court added.

The High Court cited in its order that, “On 18th November, the realized Additional Advocate General regarded on behalf of State of Uttar Pradesh that in FIR no. 398/2021 cancellation record has been filed and brother and father of the Petitioner no. have been released, as the investigation was once now not carried off properly, SIT has been duly constituted with the aid of DIG Saharanpur, headed with the aid of SP Saharanpur to check out the flagged issue. Concerning the acquisition concerning the brother and father of the petitioner no. two from Delhi by way of Shamli Police. It used to be printed that no officer from Shamli Police got here to Delhi on sixth August 2021 however on sixth September 2021. SI Narendra Kumar Verma alongside constable Anand got here to the residence of petitioners at Delhi on sixth September 2021 at about 6 pm from the place three police officers took Rajinder Singh and Amrit to Shamli on sixth September 2021. On being taken to Shamli, on failure to return the petitioner no. 1 to the complainant family, at about eighth September 2021 they had been proven to be arrested. The scientific investigation exhibits that the mom of Petitioner no. two who filed an affidavit earlier than this courtroom that her husband and son had been taken by way of UP police on sixth August 2021 however they have been in reality taken away on sixth September 2021. The inquiry simply implies that Rajinder Singh and Amrit had been taken illegally from Delhi although there used to be no formal data given to Delhi Police, stored in unlawful arrest for two days, arrest used to be proven on eighth September 2021.”

“This Court admire the inquiry officer conducting the targeted investigation and printed the fact which was once being complained through mom of petitioner no. two The Additional Advocate General states that instead of discovering the inquiry record, in addition, imperative movements will be taken in opposition to the worried inquiry officers, no longer solely lie to however additionally created false archives in the course of the investigation and didn’t at some point of the inquiry nation the right facts, printed latter with the aid of the evaluation of the court. Order is to be surpassed by using the court, Needless to be aware that Rajinder Singh and Amrit and any household member ought to be at liberty to take any civil or crook motion if they desire,” the Court similarly noted in its order.

The courtroom disposed of the plea by using the couple who had approached the excessive courtroom with a petition searching for protection. The plea, via suggesting Awadesh Kumar, had stated that the couple obtained married in July of their very own free will however have been now being threatened via the woman’s family. They had similarly contended that the whereabouts of the man’s father and brother had been now not acknowledged after their arrest on September 8, 2020, allegedly from Delhi.

On October 28, 2021, the courtroom had slammed the UP Police and stated it will now not let any unlawful arrest take region in Delhi. The courtroom took sturdy exception to UP Police personnel choosing up the father and brother of the man from Delhi besides intimating the neighbourhood police, barring ignoring the reality that each bride and groom have been adults.  “Yeh sab UP me chalta hoga, yahan nahi (these matters can also occur in UP, however no longer here),” the decide had said.

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