The writ petition was filed by Jose Prakash George and 36 Others seeking quashing of the FIR lodged on January 23, 2023.
The Allahabad High Court has dismissed a writ petition challenging an FIR lodged against 37 people accused of coercing a man to undergo a religious conversion from Hinduism to Christianity through inducements.
The writ petition was filed by Jose Prakash George and 36 Others seeking quashing of the FIR lodged on January 23, 2023, under sections 420, 467, 468, 506, 120-B IPC and section 3/5 (1) of UP Prohibition of Unlawful Conversion of Religion Act at Police Station Kotwali, District Fatehpur.
The petitioner’s counsel contended that an FIR on almost identical allegations had been lodged on April 15, 2022, under the same Act.
A division bench comprising Justice Anjani Kumar Mishra and Justice Gajendra Kumar on Friday rejected the petition saying it was of the view that the second FIR, though related to the same incident, cannot be quashed as it has been lodged by a competent person.
“Since, the first information report dated April 15, 2022, had not been lodged by a person competent to lodge it, it is of no consequence. For the same reason, the impugned first information report cannot be called a second first information report. It, therefore, cannot be said that there are two separate first information reports of the same incident.
“It has already been observed in the earlier part of this order that the allegations in the first information report impugned, contain ingredients of a cognizable offence. Therefore, also the impugned first information report is not liable to be quashed,” the court observed.
“In view of the reasons given above, the writ petition fails and is dismissed,” it said.