In September 2021, the UP Police had arrested her husband’s brother and father without informing the Delhi Police in connection with the marriage of a woman from Shamli against the wishes of the family. Closing the case, the High Court said that every document given by the policemen of Uttar Pradesh from beginning to end is forged.
New Delhi: The Delhi High Court on Tuesday said there was a “complete forgery of documents” by Uttar Pradesh policemen, who arrested two residents here without informing the local police and kept them in illegal custody for two days.
Justice Mukta Gupta said that as per the investigation conducted by the Uttar Pradesh Police, the call data records of the erring officers revealed that the two arrested persons were taken from Delhi to Shamli in Uttar Pradesh, where they were arrested after two days. Shown and sent to jail after the failure of ‘negotiations’ between the families.
Both these men were the brother and father of the boy who had married a woman against the wishes of her family.
The judge said that the laxity in investigation did not amount to forgery, which is a crime and had it not been for timely intervention, the two arrested persons would have been in jail.
The court said, “From 6th to 8th (of September 2021), they (arrested persons) were in illegal custody. An FIR was registered after he was taken away. This is complete forgery of documents. From A to Z, every document is forged.
The court said, ‘He should have told the Delhi Police. They cannot detain people and show arrest wherever they want.
The court said, “The investigation may be rigorous but you cannot falsify documents.” Pick someone up from a place, take him there illegally and then show arrest. Forgery and forgery in documents are two different things. Delay in investigation is not an offence, but you forge documents, it is a clear case of forgery of documents by IOs (investigating officers).
It is known that the second son of a Delhi resident arrested by the UP Police along with the son had married a 21-year-old woman from Shamli in Uttar Pradesh against her (woman’s) family’s wishes.
On September 8, the woman’s father had alleged that his daughter was abducted by two people from Delhi. He lodged a police complaint against him. After this, the Uttar Pradesh Police had arrested the father-son duo from Delhi.
The couple filed a writ petition under Section 164 of the Code of Criminal Procedure (CrPC) in the Delhi High Court, stating that they had attained the legal age for marriage and were married of their own free will.
The man also alleged that his father and brother were arrested illegally.
Taking cognizance of the petition, the Delhi High Court on October 28 criticized the Uttar Pradesh Police for its arrest and said such illegal acts are not allowed and will not be tolerated in the national capital.
The petitioner couple had also claimed that they were receiving repeated threats. During the hearing of the case, it was learned that the boy’s father and brother had been taken to the Uttar Pradesh Police and it was not known where they were for more than a month.
The Delhi Police had then informed the court that the boy’s family members were arrested by the Uttar Pradesh Police in connection with a complaint made by the woman’s mother under Section 366 of the IPC. The local police station was not informed about his arrival.
Justice Gupta emphasized that when it was found in the FIR itself that the girl was an adult, the concerned Uttar Pradesh Police officers should have first ascertained her wish instead of taking action against the boy’s family.
Additional Advocate General (Uttar Pradesh) Garima Prasad assured the court that the guilty officials would not be spared and appropriate action would be taken.
The court closed the matter and observed that in view of the stand taken by the AAG, no further order is required to be passed in the matter. The Court also appreciated the investigation conducted by the Uttar Pradesh Police and gave liberty to the family of the petitioner boy to take recourse to law against the persons concerned.
It is to be known that in November last year, a Special Investigation Team (SIT) was constituted to probe the matter.
Earlier, two officers of UP Police – Shamli Kotwali station in-charge Pankaj Tyagi and investigating officer of the case SH Sharma were suspended after the High Court rebuke in the case.
(with input from news agency language)
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