SANDEEP KUMAR Vs. STATE

JUDGEMENT

(1.) This petition raises significant questions regarding the procedure to be followed by the police of one State, when they go to some other State or Union Territory, to effect an arrest while investigating a complaint or a First Information Report (FIR) disclosing a cognisable offence.

(2.) The background in which the question arises is noticed in some detail in the first order passed by this Court on 24th July, 2018 in the present petition, which is essentially a petition seeking a writ of habeas corpus filed under Article 226 of the Constitution of India. The said order reads as under: "1. The present petition by Sandeep Kumar seeks the issuance of a writ of habeas corpus directing the Respondents to produce his wife, Nisha, before the Court. He states that he and Nisha got married in Ghaziabad, Uttar Pradesh on 28th June 2018. The Petitioner states that the marriage was conducted as per Hindu customs and rituals after Nisha, a Muslim, embraced the Hindu faith. It is stated that the marriage was registered with the Marriage Registration Officer-V, Ghaziabad. A copy of the marriage certificate is enclosed with the petition as Annexure P-

(3.) 2. The Petitioner further states that on 2nd July 2018, Nisha's father, namely Mohd. Intzar (Respondent No.3), visited his residence at the campus of Jawaharlal Nehru University ('JNU') and created a ruckus and threatened both the Petitioner and Nisha with dire consequences. The Petitioner states that at around 8 pm on July 2018, the local police from PS Vasant Kunj (North) accompanied by JNU security personnel and others in civilian clothing forcibly took away Nisha and also handed over the Petitioner to "other people" who were in civilian clothing. The Petitioner- states that he was then taken to PS Loni in Ghaziabad and kept in a police lockup for three days and two nights and was abused and beaten. He names SI Sharad Kant Sharma of PS Loni as the officer who threatened to implicate him in a false case of rape if he tried to reunite with Nisha. The Petitioner says that he was released from custody on the night of 5th July 2018. 3. The Petitioner further states that his attempts thereafter to locate his wife were in vain. He states that Nisha called him on 11th July 2018 sounding extremely distressed, expressed her desire to return to him and informed him that even her life was under threat.