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Thursday, May 26, 2022

Elopement case: UP Police committed forgery, can’t pick up from one place and show arrest elsewhere, says HC

🔴 The two persons had been arrested in connection with a woman from UP eloping and marrying a man living in Delhi in July 2021.

Written by Sofi Ahsan | New Delhi |
Updated: January 19, 2022 3:19:09 am
Delhi HC, UP policeThe family of the UP woman, who opposed the marriage, had approached police in Shamli and got an FIR registered under Section 366 IPC against the man and his family members. (File)

OBSERVING that the police cannot pick up a person from one place and show their arrest wherever they want, the Delhi High Court Tuesday said that personnel of the Uttar Pradesh Police committed forgery by entering false information into official records on the arrest of two men from Delhi in September 2021.

The two persons had been arrested in connection with a woman from UP eloping and marrying a man living in Delhi in July 2021. The family of the UP woman, who opposed the marriage, had approached police in Shamli and got an FIR registered under Section 366 IPC against the man and his family members.

The UP police had taken into custody the father and brother of the man from Delhi on September 6, but when the couple approached the Delhi High Court in October, it was claimed by the police that the two men were arrested from Kudana bus stand in Shamli on September 8.

“It is not that the investigation is not conducted properly. Investigation may be callous but you cannot fudge the documents. Take away somebody, pick up from one place, take there illegally and then show his arrest there. Laxity and forgery of documents are two different things. Laxity is not an offence but you forge documents… this is a clear case of forging documents by the investigating officer,” said Justice Mukta Gupta.

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Justice Gupta, who had passed strictures against the UP Police in October 2021 for submitting false information with regard to the place of arrest and asked for CCTV footage to be checked, was told on Tuesday that the SIT set up to inquire into the matter has found that three police officials from UP had raided the residence of the Delhi family on September 6, and had taken the two men to Shamli. The police officials had been accompanied by the family members of the UP woman. Since the talks between the families had failed, the two men were shown to be arrested on September 8 from the bus stand and sent to jail, the court was told. Observing that the two men remained in illegal custody for two days before being formally arrested, Justice Gupta said that the FIR itself stated that the girl was major, but the police made no efforts to talk to her. “It is not an offence if a major goes of her free will and marries, it is not even an offence of kidnapping much less abetment of kidnapping,” said the court.

On November 18, after facing strictures from the court, the UP government told court that a cancellation report has been filed in the kidnapping case against the Delhi family and the two men have been released. Additional Advocate General and senior advocate Garima, representing the UP government, Tuesday told the court that further necessary action will be taken against the officers concerned, who not only misled the court but also created false documents and even during inquiry did not state correct facts.

The court also said that the Delhi family would be at liberty to take any civil or criminal action as warranted against persons concerned, if they so desire.

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