W.P.(CRL) 2078/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+

W.P.(CRL) 2078/2021

&

CRL.M.A. 16777/2021 (for directions)

TEENU & ANR.

.... Petitioner

Represented by:

Mr. Awadesh Kumar, Advocate.

versus

GOVT. OF NCT OF DELHI & ORS.

... Respondent

Represented by:

Ms. Kamna Vohra, ASC for the State/ R-1,

R-4 & R-5 with SI Dinesh, PS Jyoti Nagar.

Ms. Garima Prasad, Sr.Advocate/AAG for

State of Uttar Pradesh with Mr.Tanmaya

Aggarwal, Advocate.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

JUDGMENT : (ORAL)

The hearing has been conducted through Video Conferencing.

1.

The present petition had been filed by the two petitioners claiming

that they are major and have married of their own free will on 1^stJuly, 2021,

contrary to the wishes of the parents of the petitioner No.l, who were

impleaded as respondent Nos.2 and 3 and thus they sought protection from

this Court as they apprehended action and threats from the respondent Nos.2

and 3.

2.

When this petition came up before this Court on 25^thOctober, 2021,

petitioners also claimed that besides receiving threats from respondent Nos.2

and 3, the father and brother of petitioner No.2 were taken away by U.P.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000250

W.P.(CRL) 2078/2021

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police and were in custody for the last 1½ months and complaints were not

being accepted by the police of Police Station Jyoti Nagar and whereabouts

of the father and brother of the petitioner No.2 were not known. Considering

the gravity of allegations leveled by the petitioners before the Court, this

Court called for a detailed status report from the DCP concerned indicating

whether any FIR has been lodged against the petitioners and whether any

intimation has been received at any Police Station from the U.P. police who

came to Delhi on 6^thAugust, 2021 and took away the father and brother of

petitioner No.2. This Court also granted protection to the petitioners through

beat staff and division staff and directed that in case any specific complaint

is received action thereon be taken in accordance with law.

3.

On 26^thOctober, 2021 a status report was filed by DCP concerned.

The status report noted that as per the petitioners, father and brother of the

petitioner No.2, namely, Rajender Singh and Amit were taken by the U.P.

police from their residence and their whereabouts were not known. As per

the status report, there was no intimation in this regard in the Police Station

Jyoti Nagar and when the Police Station Shamli, U.P. was contacted, it was

found that FIR No.398/2021 dated 6^thSeptember, 2021 under Section 366

IPC was registered and Rajender Singh and Amit were arrested on 8^th

September, 2021 from Kudhana Bus stand, District Shamli, U.P. and they

were now in judicial custody. This Court also noted the statement of the

mother of petitioner No.2 who stated that her husband and son were taken

from the residence on the intervening night of 6^thand 7^thAugust, 2021, who

was directed to file her affidavit in this regard. In view of the status report

filed, this Court issued notice to the SHO PS Shamli, U.P. to be personally

present on 28^thOctober, 2021 along with case file of case FIR No.398/2021,

registered at PS Shamli.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000250

W.P.(CRL) 2078/2021

Page 3 of 6

4.

Affidavit of the mother of the petitioner No.2 was also placed on

record wherein she stated that she was working as a clerk in Guru Tegh

Bahadur Hospital. On 6^thAugust, 2021 when she reached her residence at

about 7.00 p.m. from her work, she found four police personnel of State of

Uttar Pradesh present. When she inquired from them, they told that they had

come from Police Station Shamli, District Shamli to arrest her husband

Rajender Singh and elder son Amit aged 24 years. They further told that

they were arresting her husband and son in the case. They did not however

give any particulars of the case despite her request.

5.

On 28^thOctober, 2021