HEBA UMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/8765/2025 · 2025-10-09
Abdhesh Kumar Chaudhary, Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165208 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8765 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE ABDHESH KUMAR CHAUDHARY, J.
1. In pursuance of the order of this Court dated 24.09.2025, personal affidavit of the S.H.O. of Police Station Gudamba, District Lucknow has been filed by learned A.G.A., which is taken on record. 2. Heard Shri Vikas Vikram Singh, learned counsel for the petitioner and learned A.G.A. appearing on behalf of the respondent nos. 1 to 3. No one is present on behalf of the respondent nos. 4 to 8. 3. The instant petition has been filed by the petitioner with the following relief(s):-
"I. To issue a writ order or direction in the nature of mandamus commanding the opposite party no.1, 2 and 3 to invoke the provisions of the "Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021" (herein after referred to as 'Conversion Act, 2021'), which is evident from the bare reading of the contents of the FIR. II. To issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no.1, 2 and 3 to ensure fair investigation in respect of Case Crime No.0221 of 2025, under section 351 (2), 352, 115 (2), 85 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, registered at Police Station Gudamba, District Lucknow by an officer not less than a rank of ADCP considering the gravity of the Versus Counsel for Petitioner(s) : Syed Mehfuzur Rehman, Vikas Vikram Singh Counsel for Respondent(s) : G.A. Heba Umar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
offence. III. To issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 and 2 to take action as per the mandate of Hon'ble Supreme Court in case of Lalita Kumari Vs. State of U.P. reported in 2014 (2) SCC 1 against the erring police officers for not fulfilling the duty of registration of the FIR even when the cognizable offence is disclosed in respect of the Conversion Act, 2021."
4. At the outset, learned A.G.A. states on the basis of the averments contained in the counter affidavit that the Provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 have been invoked. 5.
Considering the aforesaid, nothing further survives in the present writ petition. It is directed that fair and impartial investigation be carried out by the concerned police authorities. 6. Accordingly, petition stands disposed of. October 9, 2025 Praveen CRLP No. 8765 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench