New Delhi, Nov 18 (PTI) The Uttar Pradesh Police Wednesday told the Delhi High Court that it has formed a special investigative team to look into the arrest of two city residents, the brother and father of a boy who got married to a girl against her family's wishes, allegedly without informing Delhi Police.
Justice Mukta Gupta, who had earlier said that persons under the jurisdiction of Delhi Police could not have been apprehended by UP Police without intimation to local police, was informed that the two family members have been released and a closure report has also been filed.
Additional Advocate General for Uttar Pradesh Garima Prashad submitted that the SHO concerned and the investigating officer has also been suspended.
“State (of Uttar Pradesh) has taken it very seriously. DSP rank officer is heading the SIT. We will ensure justice is done. All wrongs will be inquired into at length,” Prashad said.
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The judge asked the Uttar Pradesh Police to file a status report based on the SIT's report and observed that when the FIR itself disclosed that the girl in question was a major, the police officials concerned should have first recorded her statement to ascertain her will.
“The fact is that the FIR says she is a major. First thing, you will record the statement of the girl. They have given the phone number and the address,” the judge said.
“When the girl is a major and has gone on her own free will, where is the offence made out?” Justice Gupta asked.
“I have seen the case diaries. I know what is there, what is the investigation carried out. I don't want to interfere but if the petitioner's version is correct (that the family members were arrested from Delhi by UP police), it is very serious and the arrest is shown at some other place. What is your investigation on that?,” the court questioned the UP police and posted the matter for further hearing on January 11.
The UP counsel stated that the SIT will take six to eight weeks to finalise its report on the issues flagged by the court.
In the present case, the petitioner couple had moved to the high court earlier this month, saying that they married of their own volition in July, contrary to the wishes of the girl's family, and were now getting repeated threats from them.
The petitioner also claimed that the father and brother of the boy were taken away by UP police and for more than one month, their whereabouts were not known.
Delhi police had then informed the court that, the man's family members were arrested by UP police on September 8, concerning a complaint made by the woman's mother under Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc) and no intimation of the arrival of their arrival was made to the local station here.
On October 26, the court had issued notice to the concerned UP police SHO while stating that it was trite law that persons under the jurisdiction of Delhi Police could not be apprehended by Uttar Pradesh Police without intimation to them to local police.
It was “unfortunate” that even without finding the facts and whether the parties were major or minor, arrests were made by the UP Police, the judge had observed.
On October 28, the court pulled up the Uttar Pradesh Police for the arrest and said that such illegal acts were not permissible and will not be tolerated here.
“I will call for CCTV. I will direct departmental enquiry if I see UP police arresting from Delhi… I want all CCTV footage and vehicle number. If I see Delhi UP police entering, I will take action. We will not permit this. You can't do illegal acts here,” the judge had said.
The judge had emphasised that the UP police personnel, who came to Delhi pursuant to an alleged kidnapping complaint by the girl's mother, ought to have intimated the local police here and also attempted to trace her girl and ascertain the age as well as wish.
The SHO, who was present physically, had claimed that the arrest was made from Kudhara Bus Stand, District Shamli in UP.
The court had sought an affidavit from the SHO on how the two persons, now in judicial custody in UP, were arrested and directed that appropriate action be initiated given the girl's stand that she eloped from her paternal house to get married to the man.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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