TaxTMI 
TaxTMI 
2025 (10) TMI 1453
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....r. S. Prabu Ramasubramanian, Adv. Mr. Bharathimohan M., Adv. Mr. Bharathimohan M, Adv. Mr. V. Swetha, Adv. Ms. V. Swetha, Adv. Mr. Vairawan A.s, AOR Mr. Vikash Chandra Shukla, AOR Mr. Aishvary Vikram, Adv. Mr. Lakshya Siddheshwar Pandey, Adv. Ms. Isha Barshiliya, Adv. Ms. Mukta Gupta, Sr. Adv. Mr. Manish Gandhi, Adv. Mr. Dhiraj Abraham Philip, AOR Mr. Febin Mathew Varghese, Adv. Ms. Nitya Gupta, Adv. Ms. Namrata Mohapatra, Adv. Ms. Achalika Ahuja, Adv. Mr. Siddhartha Dave, Sr. Adv. Ms. Jemtiben A.o, Adv. Ms. Pallavi Sharma, AOR Ms. Rebecca M. John, Sr. Adv. Mr. Siddharth Agarwal, Sr. Adv. Mr. C.u. Singh, Sr. Adv. Mr. Sanbha Rumnong, Adv. Mr. M.f. Philip, Adv. Mr. M. F. Philip, Adv. Ms. Lija Merin John, Adv. Ms. Purnima Krishna, AOR Mr. Karamveer Singh Yadav, Adv. Mr. Togin M. Babichen, For Respondent :Mr. R. Venkataramani, Attorney General for India Mr. Adarsh Upadhyay, AOR Mr. Divyanshu Sahay, Adv. Mr. Amit Singh, Adv. Mr. Aman Pathak, Adv. Mr. Ajay Prajapati, Adv. Ms. Ameyavikrama Thanvi, Adv. Ms. Oorjasvi Goswami, Adv. Mr. Kartikay Aggarwal, Adv. Ms. Pallavi Kumari, Adv. Mr. Shashank Pachauri, Adv. Ms. Nidhi, AO JUDGMENT J.B. PARDIWALA, J.: For the convenience of exp....
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....IPC and Section 3 r/w 5(1) of the U.P. Conversion Act 3. 54/2023 23.01.2023 Kotwali, District Fatehpur Section(s) 420, 467, 468, 506, 120-B of IPC and Section 3 r/w 5(1) of the U.P. Conversion Act 4. 55/2023 23.01.2023 Kotwali, District Fatehpur Section(s) 420, 467, 468, 506, 120-B of IPC and Section 3 r/w 5(1) of the U.P. Conversion Act 5. 60/2023 24.01.2023 Kotwali, District Fatehpur Section(s) 420, 467, 468, 506, 120-B of IPC and Section 3 r/w 5(1) of the U.P. Conversion Act 6. 538/2023 11.12.2023 Nawabganj, Ganganagar Section(s) 307, 386, 504 of IPC and Section 3 r/w 5(1) of the U.P. Conversion Act 3. The captioned Appeals arising out of Special Leave Petitions comprising the present batch of matters arise from seven different impugned judgments and orders passed by the High Court of Judicature at Allahabad, the details of which are tabulated below: S. No. Details of the SLP FIR No. Details of the proceedings before the High Court 1. SLP (Crl.) No. 7380/2023 55/2023 Criminal Misc. Writ Petition No. 1819/2023 seeking quashing of FIR No. 55/2023 dated 23.01.2023 - dismissed vide impugned common....
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....r in the alternate transfer of FIR No. 47, 54, 55 and 60 of 2023 dated 20.01.2023; 23.01.2023; 23.01.2023 & 24.01.2023 respectively and F.I.R No. 224 of 2022 dated 15.04.2022 registered at P.S.: Kotwali, Fatehpur, Uttar Pradesh and consequential proceedings to the Police Station in Naini, Prayagraj, Uttar Pradesh. ii. Issue an appropriate writ for consolidation of all the FIRs filed against the Petitioners. iii. Issue a writ of mandamus directing the State of U.P. to provide adequate safety and security to the Petitioners and their family members and other employees of the University. iv. Issue a writ of mandamus to the effect that no cognizance of any complaint would be taken by any court, nor any FIR registered by the police on the cause of action in the present Writ Petition. v. Issue an appropriate writ to allow the Petitioners to attend the investigation through video conferencing mode in appropriate manner due to old age. 2. W.P. (Crl.) No. 141/2023 224/2022, 47/2023, 54/2023, 55/2023, 60/2023 i. Issue a writ of mandamus directing quashing of all the FIRs or in the alternate transfer of FIR No. 47, 54, 55 and 60 of 2023 dated 20.01.2023; 23.01.2023; 23....
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....n which, according to the complaint, allegedly took place at the Evangelical Church of India, Hariharganj, Fatehpur on 14.04.2022, which happened to be "Maundy Thursday", a day of religious significance for the followers of Christ. Shorn of unnecessary details, the FIR reads thus: "To the SHO, Kotwali Sadar, Fatehpur, Sir, It has been requested that today, dated 14.04.2022, we have to inform about the work of forcibly converting innocent Hindus from Hindu religion to Christianity at their Evangelical Church of India located in Hariharganj with deceit and fraud was going in full swing. Whose information was given by the people of the locality to the Hindu organizations. After getting the information, Himanshu Dixit, co-minister of Vishva Hindu Parishad, along with all the workers of his organization reached the spot at above church. Then the work of conversion was going on there. After reaching on to the spot, I, Himanshu Dixit informed the administrative officials about this religion conversion and requested them to come to the spot. When the administrative officers reached at the spot, they questioned the Father of the Church, Vijay Masih, so the Father of the Church Vija....
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....ehpur for the offence punishable under Section(s) 3 and 5(1) of the U.P. Conversion Act respectively against 10 named and around 40-50 unnamed accused at the instance of one Sarvendra Vikram Singh who alleged in the said FIR that during his visit to the district Fatehpur for some personal work, he was allured into embracing Christianity by the accused persons. He alleged that he was offered cash, a job with a university and marriage with a beautiful girl. One of the accused who extended such offer was the Vice-Chancellor of the university, who is also Petitioner No. 1 in W.P. No. 123 of 2023. The complainant further alleged that having been allured by the offer made by the accused persons, he converted himself and embraced Christianity on 25.12.2021 at the Presbyterian Church, Deviganj, Fatehpur. The complainant further stated in his complaint that with the passage of time, he realized his mistake and returned back to profess Hindu religion. The contents of FIR No. 47/2023 are reproduced hereinbelow: "To, the Incharge Inspector, Police Station Kotwali, District Fatehpur. Sir, it is respectfully submitted that I the applicant Sarvendra Vikram Singh S/o Late Sh. Surendra Bah....
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....ore you. The said incident pertains to dated 25 December, 2021. Therefore it is requested before you to kindly register my report and to take appropriate legal action. Signature applicant Sarvendra Vikram Singh R/o Village & Post Bahauddinpur PS Gosain Ganj Janpad Sultanpur [...]" 10. Three days after FIR No. 47/2023 was lodged, and while the investigation in FIR No. 224/2022 was still underway, one another FIR being FIR No. 54/2023 came to be lodged at the PS Kotwali, District Fatehpur, at the instance of one Virendra Kumar against 47 named and 20 unknown persons on 23.01.2023. The allegation levelled in the FIR was that the first informant, much like the one in FIR No. 47/2023, along with around 90 more Hindu persons, was allured into embracing Christianity by the accused persons during an event organised at the Evangelical Church of India, Fatehpur on 14.04.2022. He further alleged that after the mass conversion took place, his Aadhar card was taken away by the accused persons and his name was changed to Virendra D'Souza. He also alleged that the accused persons threatened to kill him if he would dare to report about the conversion anywhere. The contents of FIR No. 54 of 2023....
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.... will sanctify your body. Mission U.P. will provide you all with grains, clothes, employment, education, cash for business. Now you people disseminate for mission U.P. such that every person in U.P. is a disciple of Lord Yeshu and converts to Christianity and Hindu Religion with all other religions are merely hypocrisy and false. By becoming promotion agent of mission U.P. to visit rural areas and by contacting to persuade people to accept Christianity and they will get immense facilities, contact pregnant women and allure them with free medical treatment and we will provide all these facilities from Mission Hospital and induce them to convert to Christianity and for which you will be rewarded with cash. We are funded from different countries for the said purpose. Pastor Vijay Masih, ANM Lilly C and SD Rao, Manager of World Vision India and the aforesaid persons taking my original adhaar card and by tampering therein had modified with my Christian name as Virendra D`souza and told that your adhaar card will be returned back later on and from today onwards your religion has been converted and now you are no more a Hindu. Now you will not follow Hindu religion and in between if you e....
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....yment, education to children in Trust Mission School Avanti Bai Chauraha & Saint Marry School, Jail Road, free medical facilities in Mission Hospital and Higher Education will be given in Agricultural University SHUATS, Naini Prayagraj and will also keep receiving cash. On 14.04.2022, the applicant alongwith other Hindus about 80-90 in numbers present in Evengelical Church of India were introduced with [...] and other Christian persons wherein Lilly C and Manager of World Vision of India S.D. Rao along with [...] around 20 unknown persons and it was allured by the above persons with the assurances that upon converting to Christianity our institution would provide you with free education, medical treatment & job to family members and providing beautiful male/female alliances for marriage of children in the family and for giving gifts from time to time and alluring for giving cash our mass religious conversion was carried out. Pastor Vijay Masih and others had carried out our religious conversion and it was disclosed by the Pastor Vijay Masih and other above persons involved in religious conversion present there that the funds and gifts etc. those are disbursed for religious conversi....
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.... are no more a Hindu. Now you will not follow Hindu religion and in between if you even think of restoring to Hindu religion then Lord Yeshu getting annoyed with you shall destroy your entire family and me and other persons in the name of religion were put into fear to such an extent that we could not dare to come for complaining at that time. Apart from which they had also threatened that if you dare to complain anywhere consequent to which the supporters of Christianity and people whom we have converted to Christianity and the Christians will kill you and your entire family. Applicant is a poor man who out of fear remained silent. Later on I understood that by threatening and alluring the Hindus they are forced to quit Hindu religion and convert to Christianity. We want to remain in our Hindu religion. I was forced to convert to Christianity through allurement and coercion and it was also disclosed by the said persons that Christian Institutions provide huge funds for the sake of religious conversion and if required, monetary aid will also be extended to you in the form of cash. I had disclosed the said fact before the Inspector also. On the day of incident, people of Hindu Organ....
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.... place. The FIR Nos. 224/2022, 54/2023, 55/2023 and 60/2023 respectively pertain to this incident. Out of these four FIRs - FIR Nos. 54, 55 and 60 respectively were lodged at the instance of the first informants who claim to be the victims of the alleged conversion, whereas FIR No. 224/2022 came to be lodged at the instance of a person who was not a victim of the said conversion, but was rather the leader of an organisation. b. The incident dated 25.12.2021, which took place at the Presbyterian Church, Deviganj, Fatehpur, wherein the first informant in FIR No. 47/2023 was alleged to have been illegally converted from Hinduism to Christianity. c. The incident dated 10.12.2023 which forms the subject matter of FIR No. 538/2023. 15. Aggrieved by the registration of FIR Nos. 54/2023, 55/2023 and 60/2023 respectively, a number of writ petitions came to be filed before the High Court seeking quashing of the said FIRs. Further, an application under Section 482 of the CrPC was also filed before the High Court for quashing of FIR No. 538/2024 and the consequential proceedings arising therefrom. However, the High Court declined to entertain the petitions and dismissed th....
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....te bench of the High Court after taking the view that the FIR disclosed commission of cognizable offences. 19. The High Court, referring to the order passed by a coordinate bench in the Criminal Misc. Writ Petition No. 1814 of 2023, wherein the challenge to FIR No. 54/2023 was negatived, observed that FIR No. 224/2022, having been registered at the instance of a person not competent to lodge an FIR under the unamended Section 4 of the U.P. Conversion Act, would amount to an invalid FIR in the eyes of law and therefore the subsequent FIRs registered pertaining to the very same alleged incident, would not be hit by the dictum as laid in T.T. Antony v. State of Kerala, reported in (2001) 6 SCC 181, as the same would not amount to a second FIR in relation to the same alleged incident. In light of such reasoning, the High Court dismissed the Writ Petition of the appellants herein. 20. The Criminal Appeal arising out of the SLP (Crl.) 10187/2023 arises from the impugned judgment dated 05.07.2023 passed by the High Court in the Criminal Misc. Writ Petition No. 5180/2023, wherein the challenge to FIR No. 60/2023 came to be rejected by the High Court on the ground that a coordinate be....
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....n view of Section 4 of the U.P. Conversion Act, FIR No. 224/2022 could not be said to be a validly registered FIR and thus, FIR No. 54/2023 would have to be treated as the first FIR pertaining to the alleged incident forming the subject matter of FIR No. 224/2022. In lieu of such reasoning, the High Court refused to entertain the petition. The relevant observations made by the High Court are reproduced hereinbelow: "The only material difference in the two first information reports is that the first was lodged by an office bearer of the Vishwa Hindu Parishad while the impugned first information report has been lodged by one Virendra Kumar, who underwent religion conversion allegedly on account of fraud, misrepresentation, coercion and inducements. The issue therefore for consideration is whether on account of the aforenoted difference, the first information report impugned in this writ petition goes out of purview of the ratio in the T.T. Anthony's case. The offence alleged in both FIRs is one under Section 3 of the U.P. Prohibition of Religions Conversion Act, which prohibits conversion of religion as also its attempt by traced misrepresentation, force, undue influence, an....
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....ned in the instant writ petition is by a competent person and contains ingredients of a cognizable offence. The various categories of person enumerated in Section 4, who are competent to lodge the first information report are any aggrieved person. The words "any aggrieved person" at the very start of the said section can be interpreted to mean any person, especially since there is no provision under the I.P.C. or Cr.P.C., which bars or prohibits any person from lodging a first information report regarding cognizable offence. However, the words "any aggrieved person" in our considered opinion is qualified by the subsequent categories and the words his, her parents, brother, sisters or blood relations by marriage and adoption included. Therefore, the words "any aggrieved person", if taken by themselves are extremely wide. The scope of the said term is completely whittled down by subsequent categories and therefore, it has to be said that any aggrieved person would be a person but is personally aggrieved by his or her fraudulent conversion be it an individual or in a mass conversion ceremony. Any interpretation to the contrary would render the remainder of Section 4 after the....
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....oceedings against the Petitioner. C. SUBMISSIONS ON BEHALF OF THE PETITIONERS 26. Mr. Siddharth Dave, the learned Senior Counsel, appearing on behalf of the Petitioners in W.P. (Crl.) No. 123/2023 made the following submissions: a. A plain reading of the FIR fails to disclose any cognizable offence. He submitted that neither the Petitioners were named in FIR No. 224/2022, which is the first FIR lodged in respect of the alleged incident dated 14.04.2022, nor was it alleged that they were present at the place of the alleged incident. b. The subsequent FIRs, i.e., FIR Nos. 54/2023, 55/2023 and 60/2023 respectively were registered for the very same incident for which FIR No. 224/2022 had already been lodged, however, there was a delay of more than nine months in the registration of the subsequent FIRs. Further, the subsequent FIRs pertaining to the very same alleged incident of conversion are hit by the dictum laid by this Court in T.T. Antony (supra) and Babubhai and Ors. v. State of Gujarat & Ors. reported in (2010) 12 SCC 254 respectively. c. Although FIR No. 47/2023 pertains to the incident dated 25.12.2021, having been lodged after an inordinate de....
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....nces, he prayed for the quashing of FIR Nos. 224/2022, 47/2023, 54/2023, 55/2023 and 60/2023 respectively and all the subsequent proceedings emanating therefrom. 27. Mr. Vairawan A.S. appeared on behalf of the appellant in Criminal Appeals arising out of the SLP (Crl.) No. 13679/2023, the SLP (Crl.) No. 10555/2024 and the Petitioner in W.P. (Crl.) No. 315/2024 respectively and submitted as follows: a. The case of the appellant/petitioner is different from the other coaccused persons as he is a musician and was just performing at the event in which the alleged conversion took place. Thus, his presence was purely in his professional capacity and in lieu of monetary consideration. b. No specific role has been attributed to the appellant/petitioner in the FIRs and the chargesheets. c. The appellant/petitioner professes Hindu religion and even if the allegations in the FIRs and the chargesheets are taken at their face value, no offence is made out against him. d. This Court in a plethora of its decisions has held that omnibus allegations, in the absence of any specific and active involvement of the accused, are not sufficient to proceed against the....
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....cuments were found from the Church, thereby indicating that the complainants in FIR Nos. 54 and 55 respectively, who gave statements under Section 161 were not victims of the alleged incident. g. Although the complainants in FIR Nos. 54, 55 and 60 of 2023 respectively expressed fear to their lives as the reason for the delay in the lodging of the FIR, yet the same cannot be accepted as credible as all of them gave statements under Section 161 of the CrPC. during the investigation in FIR No. 224/2022. 29. Mr. Siddharth Agarwal, the learned Senior Counsel appearing for the appellant(s) in Criminal Appeal arising out of SLP (Crl.) Nos. 7380/2023 and 15251-15254/2023 respectively, adopted and re-emphasised on the submissions referred to above. He further submitted that the appellant no. 1 in the Criminal Appeals arising out of the SLP (Crl.) Nos. 15251-15254 suffers from a medical condition termed as cerebral palsy and has been issued a 70% disability certificate. Thus, he could not be said to have the mental capability to commit the alleged offence. It was further submitted that the appellant nos. 3 and 4 in the same set of appeals are not practicing Christians, but are fo....
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....onging to the Hindu religion were being converted en-masse to Christianity at the Evangelical Church of India, Hariharganj, Fatehpur on 14.04.2022, by use of fraud, cheating, force and coercion and the documents belonging to such persons were also being tampered with. He submitted that such conversion from one religion to another squarely contravenes Section 3(1) of the U.P. Conversion Act and is punishable under Section 5 of the said Act. In addition to the said offence being made out, the fraudulent tampering with the documents belonging to the persons who were being converted clearly amounts to forgery under Sections 467 and 468 of the IPC respectively. In such circumstances, he submitted that, the registration of FIR No. 224/2022 for the offence under Sections 153-A, 506, 420, 467, 468 of the IPC respectively and Section(s) 3 and 5(1) of the U.P. Conversion Act respectively cannot be said to suffer from any infirmity. According to him the police was under a legal obligation to register FIR as per the mandate of Section 154(1) of the CrPC and investigate the offence. d. FIR No. 47/2023, lodged by one of the victims of unlawful religious conversion, discloses commission ....
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....ons of Cr.P.C. but rather supplements and complements it. Thus, the operation of Section 154 of the Cr.P.C. pertaining to the power of the police officer to receive information relating to the commission of cognizable offence from an informant and register the FIR and thereafter investigate any cognizable case in exercise of powers conferred upon him by 156(1) Cr.P.C. is not controlled by Section 4 of the U.P. Conversion Act at all. j. The construction of Section 4 of the U.P. Conversion Act as sought to be done by the Petitioners, would give rise to an anomalous situation where even though an informant has given the information regarding commission of cognizable offence under the UP Conversion Act, yet the Police would not be able to proceed with the registration of the FIR under Section 154(1) of the Cr.P.C. and consequently investigate into the commission of the cognizable offences till the victim or his family or friend lodges the FIR. k. The offences as alleged in FIR Nos. 54/2023, 55/2023 and 60/2023 respectively are distinct offences and thus, separate FIRs were rightly registered for each of those offences. l. The learned AG also extensively refer....
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....ld go to show that there are three categories of cases which were dealt with by the High Court and have also come up before us in the present batch of matters: a. First, the matters pertaining to FIR No. 54/2023, wherein the High Court declined to quash the FIR inter alia on the ground that as FIR No. 224/2022 was not lodged at the instance of a person competent to lodge a complaint under the unamended Section 4 of the U.P. Conversion Act, the same would constitute as the first FIR in relation to the alleged incident dated 14.04.2022. Thus, the principles of T.T. Antony (supra) were not made applicable, and the court declined to quash the FIR. b. Secondly, the matters pertaining to FIR No. 55/2023, wherein the High Court declined to quash the FIR inter alia on the ground that the allegations levelled in the FIR prima facie disclosed the commission of a cognizable offence, and that similar petitions challenging the same or similar FIRs had already been dismissed by coordinate benches. c. Thirdly, the matters pertaining to FIR No. 60/2023 which were dismissed by the High Court primarily for the very same reasons on which FIR No. 55/2023 was declined to be q....
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....ugned FIRs and the consequent proceedings arising therefrom. We are aware of the proceedings pending before this Court wherein the constitutional validity of the U.P. Conversion Act is being looked into. Thus, any discussion that we undertake as regards the scheme and provisions of the U.P. Conversion Act would only be with a view to augment our understanding of the matter before us. 38. We also wish to underscore that the learned AG has vehemently submitted as regards the gravity and seriousness of the act of unlawful and illegal religious conversions and their apparent conflict with the fundamental tenets of constitutional morality. However, as the present batch of matters relates to specific FIRs, it would be necessary to examine the same applying the settled and established legal principles governing the quashing of the FIRs and the findings arrived at as a result thereto may not have a bearing with the seriousness of the offences alleged, so long as it is not one of the principles governing the inherent powers of the court to quash the criminal proceedings. 39. Before adverting to the rival submissions canvassed on either side, we deem it necessary to briefly discuss the....
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....he Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Act, 2024 (for short, "the Amendment Act, 2024"). Before the said amendment, Section 4 stood thus: "4. Person competent to lodge First Information Report.-Any aggrieved person, his/her parents, brother, sister, or any other person who is related to him/her by blood, marriage or adoption may lodge a First Information Report of such conversion which contravenes the provisions of Section 3." 46. However, after the amendment, Section 4 reads thus: "4. Person competent to lodge First Information Report.-An information relating to the contravention of the provisions of the Act may be given by any person and the manner of giving such information shall be the same as given in Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)." 47. The Statement of Objects and Reasons accompanying the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, inter alia, stated that amendment of the Section 4 of the U.P. Conversion Act was necessitated for resolving certain difficulties that had arisen in various cases in the past as regards the interpreta....
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.... enquiry with a view to find out the real intention, purpose and cause of the proposed religious conversion. Sub-section (4) stipulates that any contravention of the procedure prescribed under Sub-sections (1) and (2) would have the effect of rendering the proposed conversion illegal and void. Sub-section (5) further makes the contravention of the requirement under Sub-section (1) punishable with imprisonment upto three years and a fine of minimum Rs 10,000/-. Similarly, the contravention of the requirement under Sub-section (2) is made punishable with imprisonment upto five years and a fine of minimum Rs 25,000/-. 52. Section 9 provides that a person who has converted his religion must send a declaration to the prescribed authority within sixty days from the date of conversion in the form prescribed in the third Schedule to the U.P. Conversion Act. Sub-section (2) prescribes that upon receiving such a declaration, the prescribed authority shall exhibit a copy of the declaration on the notice board of his office, till the date of confirmation. Sub-section (3) prescribes the particulars to be disclosed at the time of making the declaration required under Sub-section (1) and inclu....
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....al details of each person who has converted to a different religion may require a deeper examination to ascertain if such a requirement fits well with the privacy regime pervading the constitution. 56. In the preamble to the Constitution of India the words 'SOCIALIST SECULAR' were inserted by the Constitution (42nd Amendment) Act, 1976. The secular nature of India is an intrinsic part of the 'basic structure' of the Constitution, as held in Kesavananda Bharati Sripadagalvaru v. State of Kerala reported in AIR 1973 SC 1461. As laid down in the Preamble, the People of India, have resolved to secure to all its citizens, liberty of thought, expression, belief, faith and worship, apart from Justice, social, economic and political; Equality of status and of opportunity and to promote among them all fraternity, assuring the dignity of the individual, and the unity and integrity of the Nation. It requires no further exposition that the Preamble to the Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the noble and grand vision expressed in the Preamble. 57. The People of India are given the liberty of thought, expression, belief....
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....eature was absent being merely temporary aberrations. Besides, they serve to emphasize the secular nature of Indian Democracy which the founding fathers considered should be the very basis of the Constitution." 60. As observed in the Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt reported in AIR 1954 SC 282, the word 'religion' is not defined in the Constitution. The Court concluded that religion is certainly a matter of faith with individuals or communities. 61. A nine-Judge Bench of this Court in K.S. Puttaswamy v. Union of India reported in (2017) 10 SCC 1, recognised the right to privacy as a facet of Article 21 of the Constitution. Touching upon the interplay between privacy and the right to freedom of conscience and free profession, practice and propagation of religion, this Court underlined that Article 25 encapsulates within it the ability to choose a faith and the subsequent freedom to express or not to express such choice. In other words, Article 25 carries with it the facets of privacy rights, whereby the person has the intrinsic right to freedom of conscience and also the choice to express it to the world at ....
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....gious beliefs which form part of the individual's freedom of conscience such as political belief, etc. which form part of the liberty under Article 21. xxx 413. Ex facie, privacy is essential to the exercise of freedom of conscience and the right to profess, practise and propagate religion vide Article 25. The further right of every religious denomination to maintain institutions for religious and charitable purposes, to manage its own affairs and to own and administer property acquired for such purposes vide Article 26 also requires privacy, in the sense of non-interference from the State. Article 28(3) expressly recognises the right of a student attending an educational institution recognised by the State, to be left alone. Such a student cannot be compelled to take part in any religious instruction imparted in any such institution unless his guardian has consented to it." (Emphasis supplied) 62. Similarly, on the interplay between privacy and marriage, a three-Judge Bench of this Court in Shakti Vahini v. Union of India, reported in (2018) 7 SCC 192, while referring to Asha Ranjan v. State of Bihar, reported in (2017) 4 SCC 397, held that choosing one's ....
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....al is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice. True it is, the same is bound by the principle of constitutional limitation but in the absence of such limitation, none, we mean, no one shall be permitted to interfere in the fructification of the said choice. If the right to express one's own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness. When two adults marry out of their volition, they choose their path; they consummate their relationship; they feel that it is their goal and they have the right to do so. And it can unequivocally be stated that they have the right and any infringement of the said right is a constitutional violation. The majority in the name of class or elevated honour of clan cannot call for their presence or force their appearance as if they are the monarchs of some indescribable era who have the power, authority and final say to impose any sentence and determine the execution of the same in the way they desire possibly harbouring the notion that they are a law unto themselves or they are the ancestors of Caesar or, for that matter, Louis the XI....
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....es in matters of marriage lie within an area where individual autonomy is supreme. The law prescribes conditions for a valid marriage. It provides remedies when relationships run aground. Neither the State nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters. They form the essence of personal liberty under the Constitution. In deciding whether Shafin Jahan is a fit person for Hadiya to marry, the High Court has entered into prohibited terrain. Our choices are respected because they are ours. Social approval for intimate personal decisions is not the basis for recognising them. Indeed, the Constitution protects personal liberty from disapproving audiences." (Emphasis supplied) 64. However, the question of validity of the provisions of the U.P. Conversion Act not being in issue, we would limit our observations to the aforesaid extent and proceed to examine the issues that have arisen for our consideration. 65. The journey to answering the issues framed above would necessarily have to pass through the following legal questions: a. What are the contours of inherent powers of the High Courts insofar as ....
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....buse of the process of any court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal case [1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] ." (Emphasis supplied) 68. In Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors., reported in (1998) 5 SCC 749, it was held by this Court that the nomenclature under which the petition has been filed is not relevant and it does not bar the court from exercising its jurisdiction which it possesses by virtue of its very existence. The relevant observations read thus: "26. Nomenclature under which petition is filed is not quite relevant and that does not debar the court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory. If in a case like the present one the court finds that the appellants could not invoke its jurisdiction under Article 226, the court can certainly treat the petition as one under Article 227 or Section 482 of the Code. It may not however, be lost sight of that provisions exist in the Code of revision and appeal but some time for immediate relief Section 482 of the Code or Article 227 may ha....
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....three purposes mentioned in the said section. In prescribing rules of procedure legislature undoubtedly attempts to provide for all cases that are likely to arise; but it is not possible that any legislative enactment dealing with procedure, however carefully it may be drafted, would succeed in providing for all cases that may possibly arise in future. Lacunae are sometimes discovered in procedural law and it is to cover such lacunae and to deal with cases where such lacunae are discovered that procedural law invariably recognizes the existence of inherent power in courts. It would be noticed that it is only the High Courts whose inherent power is recognized by Section 561-A; and even in regard to the High Courts' inherent power definite salutary safeguards have been laid down as to its exercise. It is only where the High Court is satisfied either that an order passed under the Code would be rendered ineffective or that the process of any court would be abused or that the ends of justice would not be secured that the High Court can and must exercise its inherent power under Section 561-A. There can thus be no dispute about the scope and nature of the inherent power of the High ....
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....egations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the ins....
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....would result in an abuse of process of the court, and would not serve the ends of justice? 30.5. If the answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 CrPC. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as proceedings arising therefrom) specially when it is clear that the same would not conclude in the conviction of the accused." (Emphasis supplied) 73. While looking into the present matter, we came across many judgments and orders of various High Courts, more particularly, the High Court of Allahabad, wherein the decision of this Court in Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors., reported in (2021) 19 SCC 401, has been interpreted as curtailing the scope of inherent powers of the High Courts to quash the criminal proceedings as compared to the scope laid down in Bhajan Lal (supra). We deem it important to discuss the decision in Neeharika (supra) so as to understand its true import and....
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....and/or under Article 226 of the Constitution of India. 76. The Court referred to its various other decisions to discuss the scope and ambit of the powers under Section 482 of the Cr.P.C. and Article 226 of the Constitution. In this context, the Court referred to Bhajan Lal (supra), to state that while identifying the cases in which the FIR/complaint can be quashed, the High Court should not embark upon an inquiry into the merits and demerits of the allegations and quash the proceedings. A plain reading of the decisions in Neeharika (supra) and Bhajan Lal (supra) indicates that both decisions stand in harmony and admit of no contradiction. 77. To resolve the issue in Neeharika (supra), the Court referred to and interpreted the time-tested principles laid down in the earlier pronouncements of this Court on the scope and ambit of the powers of the High Court under Section 482 of the Cr.P.C. and/or Article 226 of the Constitution, and applied them to the facts of the said case, without in any manner unsettling the settled principles of law. 78. The decision in Neeharika (supra) by no means should be understood to lay an absolute dictum that an FIR/complaint cannot be quashed a....
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..... The relevant observations read thus:- "5.[...] Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. 6. In R.P. Kapur v. State of Punjab [AIR 1960 SC 866 : 1960 Cri LJ 1239] this Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings : (AIR p. 869, para 6) (i) where it manifestly appears that there is a legal bar ....
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....g personal vengeance, etc. then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. 38. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered....
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....s that no offence was made out on the face of it, to prevent abuse of the process of law, it can always interfere even though the investigation is at the nascent stage. It all depends on the facts and circumstances of each case as well as the nature of the offence. There is no such blanket rule putting an embargo on the powers of the High Court to quash FIR only on the ground that the investigation was at a nascent stage. If such embargo is taken as an absolute rule, it will substantially curtail the powers of the High Court which have been laid down and recognised by this Court in the case of State of Haryana v. Bhajan Lal." (Emphasis supplied) iii. Whether an FIR can be quashed after the filing of chargesheet? 85. The learned AG placed considerable emphasis on the fact that since chargesheets in all the impugned FIRs have already been filed, the plea of the appellant(s)/petitioners for the quashing of the FIRs is misconceived. The question as to whether an FIR can be quashed after the filing of a chargesheet is no longer res integra. The High Court, while dealing with a petition seeking quashing of an FIR, even after the chargesheet had been filed, is well within its pow....
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....ceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into a charge-sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge-sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court." (Emphasis supplied) 86. Similar view has been taken by this Court in Kailashben Mahendrabhai Patel v. State of Maharashtra, reported in 2024 SCC OnLine SC 2621; A.M. Mohan v. State, reported in 2024 SCC OnLine SC 339; Abhishek v. State of Madhya Pradesh, reported in (2023) 16 SCC 666 and Joseph Salvaraj A. v. State of Gujarat, reported in (2011) 7 SCC 59 respectively. 87. It was held by this very Bench in Somjeet Mallick v. State of Jharkhand & Ors., reported in (2024) 10 SCC 527, that a petition to quash the FIR does not become infructuous on submission of a police report under Section 173(2) of the Cr.P.C. However, the courts are expected to apply their mind to the materials submitted in support of the police report before deciding on whether the FIR and consequentia....
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....t direct a petitioner to pursue an alternative remedy, when the grievance stems from the alleged violation of a fundamental right. 91. At the same time, although, as a matter of orderly procedure and judicial discipline, an aggrieved party is expected, in the ordinary course, to first approach the High Court, yet where facts disclose a palpable violation of the fundamental rights necessitating urgent intervention, it is incumbent upon this Court, in exercise of its writ jurisdiction, to step in and secure justice. In such circumstances, the existence of an alternative remedy cannot dilute the constitutional mandate entrusted to this Court. That is why it is said that "Let justice be done, though the Heavens may fall". 92. The protection of the rights of the accused under the Constitution stands on an equal footing with the imperative of ensuring justice to the victim. In Amitbhai Anilchandra Shah v. Central Bureau of Investigation & Anr., reported in (2013) 6 SCC 348, the petitioners sought quashing of the FIR as it was violative of their fundamental rights under Articles 14, 20 and 21 of the Constitution respectively. This Court upheld the maintainability of the writ petitio....
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....therein must not be misconstrued as holding that the petition under Article 32 is not maintainable. We have extracted the relevant paragraph below:- "57. We hold that it would be inappropriate for the Court to exercise its jurisdiction under Article 32 of the Constitution for the purpose of quashing FIR No. 164 of 2020 under investigation at N.M. Joshi Marg Police Station in Mumbai. In adopting this view, we are guided by the fact that the checks and balances to ensure the protection of the petitioner's liberty are governed by the CrPC. Despite the liberty being granted to the petitioner on 24-4-2020 [Arnab Ranjan Goswami v. Union of India, (2020) 14 SCC 51], it is an admitted position that the petitioner did not pursue available remedies in the law, but sought instead to invoke the jurisdiction of this Court. Whether the allegations contained in the FIR do or do not make out any offence as alleged will not be decided in pursuance of the jurisdiction of this Court under Article 32, to quash the FIR. The petitioner must be relegated to the pursuit of the remedies available under the CrPC, which we hereby do. The petitioner has an equally efficacious remedy available bef....
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....ely absent. The relevant paragraphs have been produced below: "27. In Priya Prakash Varrier [Priya Prakash Varrier v. State of Telangana, (2019) 12 SCC 432 : (2019) 4 SCC (Cri) 397], the nature of relief claimed was set out in para 1 of the decision whereafter this Court relied upon the dictum of the Constitution Bench in Ramji Lal Modi v. State of U.P. [Ramji Lal Modi v. State of U.P., 1957 SCC OnLine SC 77 : AIR 1957 SC 620] that for an offence to come within the parameters of Section 295-AIPC, the crime ought to have been committed with deliberate and malicious intention of outraging the religious feelings of a class. Finding such element to be completely absent, the relief prayed for was granted by this Court. The relevant observations of this Court were : (Priya Prakash Varrier case [Priya Prakash Varrier v. State of Telangana, (2019) 12 SCC 432 : (2019) 4 SCC (Cri) 397], SCC pp. 433-37, paras 1, 7, 12-13 and 15) "1. In the instant writ petition preferred under Article 32 of the Constitution of India, the petitioners, namely, the actor, producer and director of the movie, have prayed for quashing of FIR No. 34 of 2018, dated 142-2018, registered at Falaknama ....
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....t does not ordinarily entertain writ petitions unless the High Court has first been approached. 5. As a matter of self-imposed discipline and considering the pressure of mounting cases on this Court, it has become the practice of this Court to ordinarily direct that the High Court first be approached even in cases of violation of fundamental rights. However, Article 32 which is itself a fundamental right cannot be rendered nugatory in a glaring case of deprivation of liberty as in the instant case, where the jurisdictional Magistrate has passed an order of remand till 22-6-2019 which means that the petitioner's husband Prashant Kanojia would be in custody for about 13/14 days for putting up posts/tweets on the social media. 6. We are not inclined to sit back on technical grounds. In exercise of power under Article 142 of the Constitution of India this Court can mould the reliefs to do complete justice. 7. We direct that the petitioner's husband be immediately released on bail on conditions to the satisfaction of the jurisdictional Chief Judicial Magistrate. It is made clear that this order is not to be construed as an approval of the posts/tweets ....
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.... one First Information Report in respect of the same offence. Any action taken by the police on information received after the first report forms part of the investigation into the same offence. The investigating agency, in the discharge of its bounden duty, must inquire not only into the cognizable offence disclosed in the first report but also into all connected offences arising from the same transaction or occurrence. 97. The existence of another FIR stamps an abuse of investigative powers, undermines the fairness of the investigative process, and exposes the accused to unwarranted harassment through repeated investigations into the same offence. Such a practice militates against the procedure that all connected offences arising from the same incident or transaction must be investigated together in a single proceeding. It is for this reason that the law disregards the practice of registering a "second FIR", save in situations where the test of sameness is inapplicable or a counter-case is being investigated into. In such cases, the High Court, in exercise of its inherent powers under Section 482 Cr.P.C. and/or its extraordinary jurisdiction under Article 226 of the Constituti....
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....arraigned in the report under Section 173(2) or 173(8) CrPC, as the case may be. It is of course permissible for the investigating officer to send up a report to the Magistrate concerned even earlier that investigation is being directed against the person suspected to be the accused. xxx 20. From the above discussion it follows that under the scheme of the provisions of Sections 154, 155, 156, 157, 162, 169, 170 and 173 CrPC only the earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of Section 154 CrPC. Thus there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences. On receipt of information about a cognizable offence or an incident giving rise to a cognizable offence or offences and on entering the FIR in the station house diary, the officer in charge of a police station has to investigate not merely the cognizable offence reported in the FIR but also other connected offences found to have been committed in the cour....
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....y important document. It is the first information of a cognizable offence recorded by the officer in charge of the police station. It sets the machinery of criminal law in motion and marks the commencement of the investigation which ends with the formation of an opinion under Section 169 or 170 CrPC, as the case may be, and forwarding of a police report under Section 173 CrPC. Thus, it is quite possible that more than one piece of information be given to the police officer in charge of the police station in respect of the same incident involving one or more than one cognizable offences. In such a case, he need not enter each piece of information in the diary. All other information given orally or in writing after the commencement of the investigation into the facts mentioned in the first information report will be statements falling under Section 162 CrPC. 21. In such a case the court has to examine the facts and circumstances giving rise to both the FIRs and the test of sameness is to be applied to find out whether both the FIRs relate to the same incident in respect of the same occurrence or are in regard to the incidents which are two or more parts of the same transacti....
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....n the very language of Section 154 of the Code. These safeguards can be safely deduced from the principle akin to double jeopardy, rule of fair investigation and further to prevent abuse of power by the investigating authority of the police. Therefore, second FIR for the same incident cannot be registered. [...] More so, in the backdrop of the settled canons of criminal jurisprudence, reinvestigation or de novo investigation is beyond the competence of not only the investigating agency but even that of the learned Magistrate. The courts have taken this view primarily for the reason that it would be opposed to the scheme of the Code and more particularly Section 167(2) of the Code. (Ref. Reeta Nag v. State of W.B. [(2009) 9 SCC 129 : (2009) 3 SCC (Cri) 1051] and Vinay Tyagi v. Irshad Ali [(2013) 5 SCC 762] of the same date.)" xxx 25. The first information report is a very important document, besides that it sets the machinery of criminal law in motion. It is a very material document on which the entire case of the prosecution is built. Upon registration of FIR, beginning of investigation in a case, collection of evidence during investigation and formation of the final opini....
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....bit not just the alleged cognizable offence, but also any other connected offences that may be found to have been committed. This Court held that once an FIR postulated by the provisions of Section 154 has been recorded, any information received after the commencement of investigation cannot form the basis of a second FIR as doing so would fail to comport with the scheme of the CrPC. The Court observed : (T.T. Antony case [T.T. Antony v. State of Kerala, (2001) 6 SCC 181 : 2001 SCC (Cri) 1048], SCC p. 196, para 18) "18. ... All other information made orally or in writing after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under Section 162 CrPC. No such information/statement can properly be treated as an FIR and entered in the station house diary again, as it would in effect be a second FIR and the same cannot be in conformity with the scheme of CrPC." xxx 33. The Court held that barring situations in which ....
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....hat investigation into an offence can be triggered by any information emanating from any source and thus notwithstanding the unamended Section 4 of the U.P. Conversion Act, the investigation relating to the offences under the U.P. Conversion Act and connected offences under the IPC can be undertaken with or without complaints made under Section 4 of the U.P. Conversion Act. The object of the unamended Section 4 was only to recognise the special locus of certain classes of people to complain of the offences defined under the UP Conversion Act, and it was not in any way meant to restrict the ambit of the provision to only the specified classes of persons. He emphasised that illegality is by reason of the breach of the law and it will be so independent of who informs and will always be so. 105. For the purpose of addressing the aforesaid contention of the appellant(s)/petitioner(s), it is important for us to refer to Section 4 of the U.P. Conversion Act. Section 4, as it stood prior to its amendment in 2024, is reproduced hereinbelow: "4. Person competent to lodge First Information Report.-Any aggrieved person, his/her parents, brother, sister, or any other person who is r....
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.... closely associated to him, who would be competent to report any incident of forceful, fraudulent, deceitful or otherwise illegal conversion which is in contravention of Section 3. 110. The restricted nature of the unamended Section 4 of the U.P. Conversion Act was taken note of by the High Court in one of the impugned judgments dated 17.02.2023 passed in the Criminal Misc. Writ Petition No. 1814 of 2023 wherein it was observed thus: "The various categories of person enumerated in Section 4, who are competent to lodge the first information report are any aggrieved person. The words "any aggrieved person" at the very start of the said section can be interpreted to mean any person, especially since there is no provision under the I.P.C. or Cr.P.C., which bars or prohibits any person from lodging a first information report regarding cognizable offence. However, the words " any aggrieved person" in our considered opinion is qualified by the subsequent categories and the words his, her parents, brother, sisters or blood relations by marriage and adoption included. Therefore, the words "any aggrieved person", if taken by themselves are extremely wide. The scope of the said te....
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....ion Act is a piece of special legislation which introduces a somewhat different regime than the one prescribed under the Cr.P.C. Sub-section (1) of Section 7 stipulates that notwithstanding anything contained in the B.N.S.S., all offences under the U.P. Conversion Act shall be cognizable, non-bailable and exclusively triable by the Court of Session. Further, Sub-section (2) of Section 7 provides that no person accused of an offence under the U.P. Conversion Act shall be released on bail unless the Public Prosecutor has been given an opportunity of opposing the bail application. These instances of departure from the usual criminal procedure indicate that the U.P. Conversion Act is a piece of special legislation enacted keeping in mind a special category of offences. 113. It is not uncommon for the legislature to enact legislations departing from the usual criminal procedure, keeping in mind the special needs which the legislation has been enacted to cater to. The scope of Section 32 of one such legislation, namely the Drugs and Cosmetics Act, 1940, was at the heart of the controversy in the decision of this Court in Union of India v. Ashok Kumar Sharma reported in (2021) 12 SCC 6....
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.... or distributed. Samples are to be taken at the points of manufacturing, selling, stocking and the points of delivery. He is expected also, where he has reason to believe that an offence under the Act has been committed, to search any person, enter any place, stop and search any vehicle, examine records, and documents and seize the same. Last but not the least, Section 22(1)(d) declares that he may exercise other powers as may be necessary for carrying out the purposes of Chapter IV or any Rules made thereunder. The elaborate procedure to be followed by the Inspectors is also provided by the law. xxx xxx xxx 49. Section 32 of the Act undoubtedly provides for taking cognizance of the offence by the court only at the instance of the four categories mentioned therein. They are: (a) Inspector under the Act; (b) Any Gazetted Officer empowered by the Central or the State Government; (c) Aggrieved person; and (d) Voluntary Association. It is clear that the legislature has not included the police officer as a person who can move the court. Before the matter reaches the court, under Section 190 CrPC, ordinarily starting with the lodging ....
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....ion of a cognizable offence is received, it would not be open to the police officer to refuse to register an FIR, and such a reading of Section 32 of the said Act would run contrary to the decision of this Court in Lalita Kumari v. State of U.P., reported in (2014) 2 SCC 1. The Court rejected such contention and observed as follows: "80. In the said case, a Constitution Bench of this Court has held that registration of an FIR is mandatory under Section 154CrPC, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. It was further held that a preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not, if the information received does not disclose a cognizable offence but indicates the need for such an inquiry. The Court has also indicated certain cases where a preliminary inquiry may be conducted, depending on the facts and circumstances of each case. They include matrimonial disputes, commercial offences and cases where there is abnormal delay/laches. This Court also held that the aforesaid were not exhaustive of all conditions which may warrant a preliminar....
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....does not result into any absurdity or is not unworkable, then the courts should not depart from the meaning which is manifest from the plain text. It is only in cases where the text does not speak for itself, or more than one interpretation is possible, that the courts should resort to tools of statutory interpretation. In the case in hand, the words employed by the legislature in the unamended Section 4 of the U.P. Conversion Act are abundantly indicative of the intent of the legislature to only allow a certain specified category of persons to make a complaint for the violation of Section 3 of the said Act. Thus, we find no good reason to take the view that despite being a special legislation, Section 154 of the Cr.P.C. should be given primacy over Section 4 of the U.P. Conversion Act. We are also not inclined to accept the submission of the learned AG that Section 4 is a mere declaration and not a contradiction from the general scheme of Section 154 of the Cr.P.C. for the simple reason that when the legislature has enacted special and more stringent provisions as regards other aspects covered by the said legislation, then a clause restricting the scope of initiation of prosecutio....
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....rought about by force or fraud. The statutory limitation on who may initiate proceedings, therefore, strikes a balance by ensuring that genuine grievances of those subjected to unlawful conversion are redressed, while simultaneously safeguarding the autonomy, dignity, and liberty of individuals from unwarranted intrusion and misuse of criminal process under the pretext of protecting religious freedom by persons masquerading as custodians of religion prodded by oblique motivations. 119. It is not in dispute that FIR No. 224/2022 came to be lodged at the behest of a person who does not fall within any of the categories specified under the unamended Section 4 of the U.P. Conversion Act. It would not be out of place to mention that one of the seven categories illustratively mentioned by this Cout in Bhajan Lal (supra) pertains to the FIRs similar to FIR No. 224/2022. The said category, in the words of this Court, reads thus: "(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provisi....
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....ntendent of Police. The scheme provided under the Cr.P.C. does not require the making of Section 161 statements on oath. As far as statements under Section 164 are concerned, they are to be made before a judicial officer. It is hardly necessary to mention in such circumstances that the statements of the victim-witnesses do not inspire any confidence in supporting the prosecution version contained in the FIR. As a translated copy of the same is not on record, we are reproducing the original untranslated version of the affidavit submitted by Sanjay Singh hereinbelow: "समक्षः- श्रीमान पुलिस अधीक्षक महोदय, जनपद-फतेहपुर। साक्ष्य शपथ-पत्र मिनजानिब संजय सिंह पुत्र राजेन्....
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.... दफा 02- यह कि शपथकर्ता अपना निम्नलिखित बयान दे रहा है। शपथकर्ता घटना के दिन हरिहरगंज स्थित चर्च इवेजलिकल चर्च ऑफ इण्डिया में लगभग 70-80 लोगों के साथ उपस्थित था। दफा 03- यह कि शपथकर्ता की मुलाकात जनवरी 2022 में प्राथमि....
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....;वीकार करने पर आपको पैसा भी दिया जायेगा। दफा 04- यह कि उसने अपने आपको इसाई धर्म का प्रचारक बताया है एवं इवेजलिकल चर्च ऑफ इण्डिया से सम्बन्धित बताया इसी कम में लिल्ली सी ने शपथकर्ता को लेकर चर्च में रत्ना नगर द....
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....369;त्र स्व० डी० सैमसन निवासी पटेल नगर, बैट्रिक सैमसन निवासी पटेल नगर, विपिन कुमार सैमसन पुत्र विजय कुमार सैमसन, निवासी पटेल नगर, रेशमा सैमसन पत्नी विपिन कुमार सैमसन निवासी पटेल नगर, सैमुअल डेविड सैमसन पुत्र व&....
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....;र्मू, नि० मिशन हॉस्पिटल जानसेन जेकब पुत्र नरहरि याकूब मसीह, नि० मिशन हास्पिटल मुकुल कुमार पुत्र सुरेशचन्द्र नि० रेल बाजार हरिजन बस्ती, माधुरी पन्ना पत्नी कामेश कुमार, नि० मिशन हास्पिटल, कामेश कुमार पुत्र....
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....;रभूषण नि० फरीदपुर, बिंदकी, आशीष इमैनुयल उम्र 34 वर्ष पुत्र जोसफ इमैनुअल निवासी मोहल्ला आबूनगर थाना कोतवाली जनपद फतेहपुर विपिन कुमार सैमसन पुत्र विजय कुमार सैमसन निवासी पटेल नगर, संजय सैमुअल पुत्र आर्थर है....
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....2381;वर मन्दिर जेल रोड थाना कोतवाली फतेहपुर, विजय गर्सदि पुत्र अमर सिंह निवासी गांधी ग्राम थाना पीजीआई लखनऊ, रिशी बरनवाल पुत्र जेपी बरनवाल निवासी देवीगंज थाना कोतवाली जनपद फतेहपुर आदि। दफा 05- यह कि इनके साथ ल....
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....368; सी व उपरोक्त सभी लोगो ने शपथकर्ता को उपरोक्त चर्च में बुलाया और कहा कि आज आप अन्तिम रूप से इसाई धर्म में आ जायेगें शपथकर्ता जब उपरोक्त चर्च में पहुंचा तो देखा कि वहां शपथकर्ता की ही तरह 60-70 अन्य हिन्दू भी उपस्थ....
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....;ता के परिवारवालो का आधार कार्ड मूलतः दिलाया जाये जिसमें उपरोक्त लोगो ने परिवर्तन करके शपथकर्ता का इसाइयत नाम रख दिया है। दफा 07- यह कि शपथकर्ता को उपरोक्त आधार कार्ड की फोटो कापी उपरोक्त लोगो द्वारा दी गयी ....
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....#2366; उपरोक्त लोगों के विरूद्ध प्रथम सूचना रिपोर्ट नहीं दर्ज कर रहे है। दफा 09- यह कि शपथकर्ता बहलफ बयान व तस्दीक करता है कि शपथ-पत्र की दफा 01 लगायत 08 मेरे जातीय इल्म में सच व सही है कोई भी बात छिपायी नही गयी है सच बोलन....
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....327;ो के बहलाने फुसलाने में आकर फंस गया है तथा शपथकर्ता का धर्मान्तरण करा दिया गया है।" 125. We are of the view that nothing more is required to be said as regards the credibility of the affidavits submitted by the aforesaid three victim witnesses in light of the discrepancies that we have adverted to in the preceding paragraph. 126. A reading of the Section 161 Cr.P.C. statement of victim witness Sri Keshan forming part of Case Diary No. 69 indicates a desperate attempt on the part of the investigating authorities in trying to overcome the illegality committed in registering FIR No. 224/2022 at the instance of a person not falling in one of the categories specified in the unamended Section 4 of the U.P. Conversion Act. The statement is reproduced below: "Statement of victim/wit....
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....e station, Kotwali district, Fatehpur. He while tempting me to adopt Christianity, told that if you adopt Christianity, you will be treated for free in our Mission Hospital and you will be given house and money through our church. Your life and that of your family will change. I got influenced by the words of Father Vijay Masih and started going to church. While coming to the church, Ratna Dawood, wife of Dawood Masih, Late Mission Hospital, PS Kotwali District, Fatehpur, Address, Dehradun Pal Mohalla, Jolly Grant, Mob. No. 6392565880, Vinay Kumar, son of Sobhanath, Namrata Kumari, wife of Vinay Kumar, Current address Mission Hospital, Fatehpur, Ong Dorjee Lepcha, son of T.T. Lepcha resident Ladhor Community Hospital Ladhor Dehradun Mansuri Uttarakhand, Chandkana Lepcha wife of Ong Dorjee Lepcha resident Ladhor Community Hospital Ladhor Dehradun Mansuri Uttarakhand Current Address Mission Hospital Police Station Kotwali District Fatehpur, Uday Bhanu s/o Sudardadha, Prema Bhanu W/o Uday Bhanu, resident of E-1 Bada Sagar Road, Bradwell Christian Hospital Fatehpur Abunagar Fatehpur, Vijay Kumar Samson son of late D. Samson, Batrice Samson wife of Vijay Kumar Samson, Ruth Shalini Samso....
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....station Kotwali Fatehpur, Rohit Singh son of Rajesh Singh resident of Tambeshwar Temple Jail Road Police Station Kotwali Fatehpur, Vijay Maseed son of Amar Singh resident of Gandhi Gram Police Station PGI Lucknow, Rishi Baranwal son of JP. Baranwal resident of Deviganj police station Kotwali district Fatehpur, Ajay Samuel son of Late Samuel resident of Chunawali Gali Hariharganj police station Kotwali district Fatehpur, Vijay Singh son of Chhed resident of Rasulpur police station Hussainganj district Fatehpur Hall address Radhanagar police station Kotwali district Fatehpur, Ashish Kumar son of Shri Ramnarayan resident of Buxpur (Kimidiyapur) Police station Radhanagar district Fatehpur, Prince son of Asharam resident Buxpur (Kimidiyapur) Radhanagar district Fatehpur Pooja daughter Shri Ram Narayan resident Buxpur (Kimidiyapur police station Radhanagar district Fatehpur, Renuka Singh wife of Rajesh Singh resident of 11 D Jail Road behind the temple Police station Kotwall district Fatehpur, Nasir Masur Son late Masoor Ahmed resident of Kheldar police station Kotwali district Fatehpur, Shava Zahid son Zahid Hussain resident Kheldar police station Kotwali district Fatehpur, Vikram Singh....
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....92565880, Vinay Kumar, son of Sobhanath, Namrata Kumari, wife of Vinay Kumar, Current address Mission Hospital, Fatehpur, Ong Dorjee Lepcha, son of T.T. Lepcha resident Ladhor Community Hospital Ladhor Dehradun Mansuri Uttarakhand, Chandkana Lepcha wife of Ong Dorjee Lepcha resident Ladhor Community Hospital Ladhor Dehradun Mansuri Uttarakhand Current Address Mission Hospital Police Station Kotwali District Fatehpur, Uday Bhanu s/o Sudardadha, Prema Bhanu W/o Uday Bhanu, resident of E-1 Bada Sagar Road, Bradwell Christian Hospital Fatehpur Abunagar Fatehpur, Vijay Kumar Samson son of late D. Samson, Batrice Samson wife of Vijay Kumar Samson, Ruth Shalini Samson daughter of Vijay Kumar Samson, Vipin Kumar Samson son of Vijay Kumar Samson, Reshma Samson wife of Vipin Kumar Samson, Samuel David Samson son of Vijay Kumar Samson, Roma Shalini Samson wife Samuel David Samson R/o Patel Nagar, Margaret Sharma wife Cornelius Sharma, Cornelius Sharma son of Shambhu Nath Sharma R/o Ashirwad Upper Cart Road Kalimpong I Kalimpong Darjeeling West Bengal, Mahima Sharma daughter of Cornelius Sharma, Sharoon daughter of Letare Jaria, Pyara Samad R/o Bada Sagar Road, Bradwell Christian Hospital Fate....
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....nagar police station Kotwali district Fatehpur, Ashish Kumar son of Shri Ramnarayan resident of Buxpur (Kimidiyapur) Police station Radhanagar district Fatehpur, Prince son of Asharam resident Buxpur (Kimidiyapur) Radhanagar district Fatehpur Pooja daughter Shri Ram Narayan resident Buxpur (Kimidiyapur police station Radhanagar district Fatehpur, Renuka Singh wife of Rajesh Singh resident of 11 D Jail Road behind the temple Police station Kotwali district Fatehpur, Nasir Masur Son late Masoor Ahmed resident of Kheldar police station Kotwali district Fatehpur, Shava Zahid son Zahid Hussain resident Kheldar police station Kotwali district Fatehpur, Vikram Singh son late Ram Singh resident Arabpur police station Kotwalidistrict Fatehpur had become well acquainted with the above people while coming to the church and the above people changed my religion from Hindu to Christianity and also gave me Rs 3,000/- as a lure and took my Aadhar card and said that by changing your name in the Aadhar card according to Christianity, your Aadhar card will be given to you. After a few days, I felt this was wrong, so I asked for my Aadhaar card from the abovementioned people and when I told them about....
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....e members of the poor and marginalised sections. Pertinently, the witnesses have stated in their statements that they have not converted themselves from Hinduism to Christianity. We deem it appropriate to reproduce the statements of Rambabu Raidas and Ranjeet Paswan respectively hereinbelow to better illustrate our observations: Statement of Rambabu Raidas dated 26.03.2023 Statement of Ranjeet Paswan dated 26.03.2023 Statement Aadhaar Card Holder/Beneficiary: Rambabu Raidas, son of Ram Khelavan Raidas, aged 45 years, resident of Village Aswa Buxspur, Police Station-Thariyanv, Fatehpur Mob. No. 7398429094, was interrogated by showing the Aadhar card of his changed name whose number is 405081728240. On enquiry, the said Rambabu stated that sir, I live in the village and I work as a labourer in the village itself. Sir, many people from my village often used to go to the meetings organized by Word Vision organization and used to bring back a lot of household items from there. Sir, there are many volunteers of Word Vision roaming in my village who used to take people to meetings by telling them about Word Vision and also used to teach village children at their home for free and....
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....n organization used to come to the village often. Sir, I have no further information as to people of World Vision have put the name of Christianity in the Aadhar cards of how many people. Sir, please get information in the village. Many people in the village will tell you everything about World Vision. Statement Aadhaar Card Holder/Beneficiary: Ranjit Paswan, son of Sukru Paswan, aged 65 years, resident of Village-Aswa Buxspur, Police Station-Thariyanv, Fatehpur, Mob. No. 9170393914, when he was inquired by showing the Aadhar card of his changed name whose number is 993523827140, then the said Ranjit Paswan, on enquiry stated that sir, I support my family by working hard. Sir, in my village, there are many volunteers of Word Vision organization Fatehpur, who used to roam around the village and tell the helpless, less educated people of the village about Word Vision India organization and by gathering everyone at one place, they used to provide the items for need like ration for the house, sewing machine, paddy hut, bicycle to the elderly, sheep, goat, buffalo, etc. in the name of Word Vision and also provided free food and snacks to everyone. Sir volunteers also taught the villa....
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....ich have been gathered as a part of the Case Diary are different not only in the surnames of the witnesses, but the photographs of the individuals are also different from the Aadhar cards which are sought to be portrayed as the "original" cards. What is also pertinent to take note of is that the investigating authority has failed to attach any report of the competent authority responsible for issuing Aadhar cards to the effect that the cards seized by the investigating authority are forged and no such cards have been issued by the competent authority. 131. Further, no offence under the Aadhar Act, 2016 has been added against the accused persons. We are not oblivious to the fact that there is a procedure for updating the personal details in the Aadhar cards, and it would be open to an individual who has undergone religious conversion voluntarily, to suitably get their Aadhar card amended to reflect the desired change in their identity. In the absence of any material indicating that the Aadhar cards gathered during search and seizure are forged and not updated ones, we find it difficult to assume the same. Further, mere recovery of Aadhar cards and card printing machine, does not ....
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....s that continuation of criminal proceedings would result in a travesty of justice, even when the materials gathered may satisfy the ingredients necessary to constitute the offence. The dictum in Mohamad Wajid (supra) calls upon the courts to read between the lines if the need so arises from an overall understanding of the circumstances emerging from the record. We have not only gone through the voluminous materials placed on record by the respondent no. 1 but have also read between the lines being compelled by the apparent discrepancies as pointed above. 134. In such circumstances, we are of the considered view that the only course that would meet the ends of justice is to quash the said FIR as well as all consequential legal proceedings emanating therefrom in exercise of the powers conferred on this Court by Article 32 of the Constitution. vii. Whether FIR No. 47/2023 and the consequential proceedings arising therefrom are liable to be quashed? 135. FIR No. 47/2023 was registered on 20.01.2023 at the instance of the complainant viz., Sarvendra Vikram Singh, who inter alia alleged that he was unlawfully converted from Hinduism to Christianity on 25.12.2021. A total of five....
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....constrained to draw from such mechanical investigation and recording of statements is that of a severe lack of bona fides. It seems that the entire process of investigation was not an attempt to uncover the truth of the allegations, but rather to find ways to somehow substantiate the allegations levelled in the FIR. 139. The inexplicable delay in the registration of FIR Nos. 47, 54, 55 and 60 of 2023 respectively coupled with the fact that all came to be lodged at a time when the legality of FIR No. 224/2022 had come under question, alongwith the grave inconsistencies in the materials gathered during the course of investigation - cyclostyled witness statements across different FIRs; prototype statement of different witnesses in the same FIR; false affidavits; etc. - have compelled us to exercise our writ jurisdiction under Article 32 to bring an end to these proceedings. 140. Where the credentials of the investigation are already lacking in genuineness and credibility in relation to the other FIRs registered at the same police station for similar offences, we are of the view that it wouldn't be prudent to allow the continuation of criminal proceedings in relation to the prese....
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....or the change in the names of the complainants, the three FIRs are identical and have also been registered under identical provisions of the IPC and the U.P. Conversion Act respectively. 147. In the light of the aforesaid discussion on impermissibility of multiple FIRs in relation to the same incident, we are constrained to hold that FIR Nos. 55/2023 and 60/2023 respectively cannot stand and ought to be quashed. ix. Whether the High Court committed any error in refusing to quash FIR No. 54/2023 ? 148. FIR No. 54/2023 came to be registered on the basis of the complaint made by one Virendra Kumar, who, inter alia, alleged to have been a victim of the mass conversion that took place at the Evangelical Church, Fatehpur on 14.04.2022. Pertinently, the complaint was made more than nine months after the alleged incident took place. 149. The petitioners pointed out that a number of statements of the complainant, viz., Virendra Kumar, were recorded during the course of investigation in FIR No. 224/2022. In his statement recorded on 15.04.2022, that is, the day of the registration of FIR No. 224/2022, Virendra Kumar categorically stated that he was one of the persons who had acco....
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....e of Daood Masih, resident of Mission Hospital, Daood Masih son of Diwan Masih, resident of Mission Hospital, Mobile No.6392565880, present address Dehradun Pal Mohalla, Jali Ground, Vinay Kumar son of Sobhnath, resident of Mission Hospital, Namrata Kumari wife of Vinay Kumar, resident of Mission Hospital, Oang Dorji Lepcha son of T.T. Lepcha, resident of Mission Hospital, Chandrakana Lepcha wife of Oang Dorgi Lepcha, resident of Mission Hospital, Udaybhanu son of Sundargha, resident of Collectorganj, Mission Hospital, Prema Bhanu wife of Udaybhanu, resident of Mission Hospital, Vijay Kumar Samsung son of Late D. Samsung, resident of Patel Nagar, Battric Samsung wife of Vijay Kumar Samsung, Patel Nagar, Rut Shalini Samsung daughter of Vijay Kumar Samsung, resident of Patelnagar, Vipin Kumar Samsung son of Vijay Kumar Samsung, resident of Patel Nagar, Reshma Samsung wife of Vipin Kumar Samsung, resident of Patelnagar, Samuel David son of Vijay Kumar Samsung, resident of Patel Nagar, Roma Shalini Samsung wife of Samuel David Samsung, resident of Patel Nagar, Margrate Sharma wife of Corlinius Sharma, resident of Mission Hospital, Corlinius Sharma son of Shambhusharan Sharma, resident ....
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....hem silently from the backdoor. Just it is my statement." (Emphasis supplied) 151. FIR No. 54/2023 came to be lodged with substantial delay. The only explanation given by the complainant was that he was afraid of the consequences if he would have reported the incident to the police. However, a close reading of the materials gathered during the course of investigation would indicate that the complainant gave a statement to the police on the date of the registration of FIR No. 224/2022 itself. However, in the said statement, the complainant stated that he was not one of the victims of mass conversion, rather a member of an organization called the Vishwa Hindu Parishad and had reached the place of the alleged mass conversion upon receiving information of the same. 152. We have also referred to the Section 161 Cr.P.C. statement made by Virendra Singh on 01.12.2023 during our discussion on the validity of FIR No. 224/2022. 153. In such circumstances, we cannot help but accept the submission of the appellant(s) that the subsequent FIR Nos. 54, 55 and 60 of 2023 respectively came to be lodged only with a view to overcome the infirmity which existed in FIR No. 224/2022 in lieu ....
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....accusation was that the accused persons were indulging in unlawful conversion of gullible persons by exercising illegal means. Thus, even if the allegations of the complainant are taken at their face value, an FIR for the offence under the U.P. Conversion Act could not have been lodged on the basis of the complaint made by the complainant in light of the embargo contained in the unamended Section 4 of the U.P. Conversion Act. Our discussion in the preceding parts of this judgment on the validity of FIR No. 224/2022 will equally apply to the present FIR as well. Thus, it can be said without doubt that the offences under the U.P. Conversion Act, i.e., Section(s) 3 and 5(1) respectively in FIR No. 538/2023 cannot stand the scrutiny of law and must give way to quashing. 158. However, it is pertinent to note that besides the allegations as regards the involvement of the Petitioner in activities pertaining to unlawful religious conversion, the complainant has also alleged in the FIR under consideration that the Petitioner had fired a shot using a firearm against him with the intention to kill and also demanded money from him by use of criminal force. 159. The Petitioner has brought....