Allahabad High Court Slams SHO For Handing Over Custody Of An Adult Woman To A Man, Seeks SSP's Explanation

The Allahabad High Court on Monday slammed the Station House Officer of a police station in District Budaun as he 'passed an order' to hand over the custody of an adult woman (named Shivani Gupta) to another adult man (named Swale Raza).

The Bench of Justice Jahangir Jamshed Munir also sought a personal affidavit from SSP, Badaun in two days as the Court called it unpalatable as to how the custody of an adult could be given to another adult, and that too, by a Police Officer.

"An adult is always free to go wherever he or she may wish to, but the act of handing over the custody of Smt. Shivani Gupta, to Swale Raza, appears to be an act curtailing an adult's liberty to stay wherever he or she wishes to, unhindered by the confines of another's care or control. Here Smt. Shivani Gupta, has virtually been put under the care and control of Swale Raza," the Court remarked.

The Court has asked the Senior Superintendent of Police, Budaun, to file his personal affidavit by February 9, 2022, indicating under what circumstances, the custody of an adult could be handed over to another adult by the Station House Officer, Binawar, District Budaun and how he has permitted proceedings of this kind to be taken by his subordinates.

The Senior Superintendent of Police, Budaun has also been directed to clarify by what authority of law the Station House Officer passed a custody order, which a Court alone can pass.

The matter in brief

Essentially, during the course of investigation in a case under Section 498 IPC, the Station House Officer, Police Station Binawar, on May 25, 2021, handed over the custody of Smt. Shivani Gupta, in accordance with her wishes after intimating the higher Officials of the police to the applicant Swale Raza (as claimed by the Prosecution), with the instructions that whenever necessary, Shivani Gupta and her daughter Ishika be produced before the Police.

Case title - Swale Raza v. State of U.P

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