The Uttar Pradesh police on Wednesday informed the Delhi High Court that they would lodge a fresh case in the matter of alleged missing and later death of Sahibabad girl Monika Dagar who had married Gaurav Saini of Delhi against the wishes of her family in July this year.
The Assistant Superintendent of Police of Ghaziabad police, Happy Guptan, submitted before a Division Bench comprising Justice Sanjay Kishan Kaul and Justice Ajit Bharihoke that the earlier FIR was lodged under a wrong provision which resulted in certain actions being taken by the police.
A serious view of the police action had been taken and one of the officers had been placed under suspension and an inquiry ordered against him. She further said that on a complaint by Mr. Saini, a fresh FIR would be registered and the matter would be investigated by an officer not less than the rank of Additional Superintendent of Police.
The Court was hearing a habeaus corpus petition by Mr. Saini seeking a direction to the UP police to produce his wife.
Earlier, the Sahibabad police had registered a kidnapping case in the matter on a complaint by the brother of Monika Dagar. In the complaint, Ms. Dagar’s brother alleged that his sister had been taken to an unknown place by Mr. Saini and his friends after abducting her by advancing allurements and inducements to her.
Significantly, the Court noted in its order that there was no mention in the complaint that Ms. Dagar was a minor despite the fact that the case was registered under Section 363 (kidnapping) of Indian penal Code.
The UP police had later recovered the girl from the house of Mr. Saini in the Capital. After getting her medically examined and recording her statement before a Magistrate, the police had handed over Ms. Dagar to her mother and brother despite the fact that she was a major.
Gaurav Saini moved the High Court after being granted bail. On his petition, the Court had asked the Sahibabad police to produce the girl.
However, on the very next day of the issuance of the Court direction, it was reported that the girl had passed away and the body was cremated the following day without being examined by any doctor.
The UP police also assured the Court that they would file a status report on the progress of investigation to it on November 11, the next date of hearing.