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2025 DAILYLAW 80289 (ALL)

SUHEL ANSARI AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/16871/2025 · 2025-09-24

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16871 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the petitioners, Sri Alok Kumar Pandey, holding brief of Sri Aditya Kumar Kashyap, learned counsel for respondent no.4 and learned AGA for the State-respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.6.2025, registered as Case Crime No.0252 of 2025, under Sections- 137(2), 87, 351(3), 352 B.N.S., 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2021 and 3(2)(5) SC/ST Act, Police Station- Nebuwa Naurangiya, District- Kushi Nagar and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. There are allegations against petitioner no.1 of abduction of daughter of respondent no.4 and entering into marriage. The petitioner nos.2 and 3 are the parents of petitioner no.1, who allege false implication in this case. With regard to petitioner no.1 it is stated that he has entered into interfaith marriage with daughter of respondent no.4 which cannot be solemnized in view of the provisions of U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2021. Hence with regard to petitioner no.1, the petition is dismissed. 4. With regard to petitioner nos.2 and 3, it is submitted that they are the parents of petitioner no.1, who allege false implication in this case. 5. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. Versus Counsel for Petitioner(s) : Santosh Kumar Pandey, Upendra Kumar Mishra Counsel for Respondent(s) : Aditya Kumar Kashyap, G.A. Suhel Ansari And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 6. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. 7. During the period of investigation and till cognizance is taken on the police report by the court concerned, petitioner nos.2 and 3 shall not be arrested. 8. In case of non-cooperation with the police investigation by petitioner nos.2 and 3, it shall be open for either of the respondents to file recall application of this order. September 25, 2025 RA CRLP No. 16871 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad