Trite law that persons could not be apprehended by UP Police without informing Delhi Police: Delhi High Court

In a case where two men were allegedly taken away from Delhi by the Uttar Pradesh Police, the Delhi High Court on Tuesday issued notice and directed the Station House Officer (SHO) of the concerned police station to remain present in Court on the next date of hearing [Teenu & Anr v. Govt of NCT of Delhi & Ors]..“It is trite law that the father and brother of the petitioner No. 2 could not be apprehended by UP Police and taken from Delhi without informing Delhi Police,” Justice Mukta Gupta underscored on Monday..It had also come on record that the matter was related to the marriage of the petitioners, who were stated to be major and tied the knot on their own free will. The Court recorded that the marriage took place contrary to the wishes of the woman's family.Following the marriage on July 1, 2021, the father and the brother of one of the petitioners were stated to have been picked up by the UP Police and taken away..Following a direction from the Court on October 25, the Delhi Police's Deputy Commissioner of Police filed a status report and the Assistant Commissioner of Police (ACP) concerned appeared physically in Court.The ACP informed the Court that “no intimation of the arrival of the police from Shamli, UP was made at Delhi.” It also came on record that the two men had been reportedly picked up by the police on the complaint of the woman’s family members..The Court observed in its order, “One fails to understand when petitioner No.1 is major and has left her parental home of her own free will and married to petitioner No.2 how an offence under Section 366 IPC (kidnapping) and consequential offence under Section 368 IPC (wrongful confinement) is made out.”It was further observed,“It is unfortunate that even without finding that petitioner No.1 was major or minor and without finding correct facts from her, arrests in the FIR in question have been made,” it added.The SHO of Shamli police station was directed to remain present on the next date of hearing on October 28..The woman’s mother stated that her husband and son were taken from their house on the intervening night of August 6 and 7, 2021. According to the Delhi Police's status report, the Court noted, no intimation was ever given by the UP Police.The petitioners claimed that they received repeated threats from the woman’s family members and that the father and brother of the man had been taken away by the UP Police one-and-a-half months ago. Their present whereabouts were unknown.Advocate Awadhesh Kumar represented the petitioners whereas Additional Standing Counsel Kamna Vohra appeared for the State. .[Read Order]