WPCRL/2078/2021
2021 Latest Caselaw 4613 UK

            IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

                                         AND

                   THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

           WRIT PETITION (CRL) NO. 2078 OF 2021

                          17TH NOVEMBER, 2021

BETWEEN:

Swaleha Hussain                                                 .....Petitioner.
And

State of Uttarakhand & another                                  ....Respondents.

Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Shakti Singh, learned counsel for the petitioner.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

By order dated 16.11.2021, this Court had directed

the Senior Superintendent of Police, Nainital to appear before

this Court at 10:15 AM today. However, at 10:15 AM, this

Court was informed by the Additional Superintendent of Police

that they cannot locate the whereabouts the Senior

Superintendent of Police, Nainital. This was a startling fact

which was revealed. For, the police has all ways and means

for locating its own officer wherever that officer may be.

Therefore, this Court has directed the Director General of

Police, Uttarakhand to appear before this Court through video

conferencing, and also directed the Senior Superintendent of

Police, Nainital to equally appear before this Court through

video conferencing.

2. Consequently, both the learned Director General of

Police, Uttarakhand, and the Senior Superintendent of Police,

Nainital are before this Court through video conferencing.

3. This Court had brought to the notice of the learned

Director General of Police about the laxity in the present case.

Despite the fact that the complainant had filed a complaint

before the Station House Officer, P.S. Mallital, Naintal, no FIR

was registered upon her complaint. This was in spite of the

fact that the complaint did show the occurrence of a

cognizable offence. Even on 14.11.2021, the complainant

filed a detailed complaint naming three persons, but even

then her statement under Section 161 of Cr.P.C. was not

recorded by the concerned S.H.O.

4. Although an FIR was registered upon her second

complaint, but no substantive action was taken by the police

against the named persons. Hence, this Court has asked the

learned Director General of Police to take action against the

concerned S.H.O.

5. The learned Director General of Police, informs this

Court that the S.H.O. shall be suspended, and a Disciplinary

Enquiry shall be initiated for his dereliction of duty.

6. The learned Director General of Police is directed to

submit a report with regard to the action taken against the

concerned S.H.O.

7. Mr. J.S. Virk, the learned Deputy Advocate General

appearing for the State, informs this Court that in compliance

of the order dated 16.11.2021, the police protection has been

provided to the complainant, and to her family members, and

the subject property is being protected by the police.

8. Generally, this Court is flooded by number of

criminal petitions being filed by those persons who, either

intend to get married, and have gotten married. In many

cases, those who entered into an inter-caste and inter-

community marriage, or marriage against the wishes of the

family, such persons are being threatened either by the

family members or by anti-social elements.

9. Since this Court is needlessly being flooded by such

petitions, this Court had directed the Director General of

Police to issue a circular to the police force giving strict

instructions that in case any complaint is received by any

police officer with regard to such threat being given to a

young couple, or those who intend to get married,

immediately an FIR should be registered, and strict action

against should be taken against those who threatened the

young couple.

10. Needless to say, adults have a right to marry a

person of their choice. Therefore, no pressure tactic should be

permitted either by the family members, or by friends of the

family.

11. The learned Director General of Police informs this

Court that on 28.09.2021, such a circular has been issued.

However, as cases continue to list before this Court, he

assures this Court that the circular shall strictly be followed

by the police force. In case, it is discovered that the circular

has not been followed in letter and spirit, the learned Director

General of Police shall be free to take action against the

delinquent officer.

12. With these directions, the writ petition is disposed

of.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 17th November, 2021 NISHANT