
The Uttar Pradesh Police Thursday told the Delhi High Court that the two men it had arrested in connection with an elopement case have been released and a closure report has been filed before the trial court. The court was also told that the SHO of Shamli police station and the investigating officer of the case have also been suspended and an SIT has been constituted to inquire into their actions.
Justice Mukta Gupta said that undoubtedly a police officer is duty bound to register an FIR when it is alleged that kidnapping has taken place. However, the court said police are first to find out the age of the victim. “They were given the phone number. They were given the address. The FIR itself says that she is with this boy, this is the phone number, and this is the address. So will you please tell me when did they inquire before arresting them,” asked Justice Gupta, while hearing a petition filed by a couple.
The couple stated that they got married on July 1, 2021, of their free will. The woman’s parents were against the marriage and have since then have been allegedly threatening them. The man and his family are residents of Delhi while the woman is from Shamli. In their petition, the couple alleged that the father and brother of the man were taken away by UP Police from their residence in Delhi on the intervening night of August 6 and 7.
The court last month slammed the UP Police over the manner in which it picked up and arrested the two residents of Delhi and said “such illegal action may work in UP but not here”.
According to the UP Police, the two men were arrested in a case registered under Section 366 IPC (kidnapping) on September 6 on a complaint given by the woman’s mother. While UP Police claimed they were arrested from Kudhana bus stand in Shamli on September 8, the Delhi family told the court that the two men were taken away from their residence in the city on August 6-7.
During the resumed hearing, Justice Gupta Thursday asked about the status of investigation against the personnel and said if the version of the Delhi family, that the two persons were picked up from here in August and their arrest was shown in some place, is true, then it is a very serious issue.
“Tell me what your investigation is on that. These people were picked up on what date and from where,” asked Justice Gupta and ordered the UP government to place on record a status report from the SIT by January 11.
Senior Advocate Garima Prashad, representing the UP government, told the court that the State has taken the case seriously and an SIT headed by a DSP-rank officer has been formed. “We will ensure that justice is done. Investigation has started,” Prashad said, adding that it will take 6-8 weeks for completion of the inquiry.
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