The court established that FIRs alleging cognizable offences should not be quashed prematurely; police investigations must be allowed to proceed without judicial hindrance at initial stages.

JUDGMENT

Rahul Chaturvedi, J.

Heard Sri Anuj Srivastava, learned counsel for the petitioners, Sri A.K.Mishra, learned Advocate General assisted by Sri P.C. Srivastava, learned Additional Advocate Geneal, Sri A.K.Sand, Government Advocate and Sri Ghanshyam Kumar, learned Additional Government Advocate appearing for the State and perused the records.

2. The instant writ petition is being filed by the seven petitioners, namely, (i) Most Rev. Prof.Rajendra Bihari Lal, (ii) Smt. Rekha Patel, (iii) Prof. Ramakant Dubey, (iv) Sri Vinod Bihari Lal, (v) Prof.Smt. Ranu Prasad, (vi) Rev. David Philiphs and (vii) Sri Sunil Kumar John. All the petitioners are jointly invoking the extra ordinary powers of this court enshrined under Article 226 of the Constitution of India with the prayer :-

"I. Issue a writ, order or direction in the nature of certiorari for quashing the first information report dated 04.11.2023 as case crime no. 0395 of 2023, under Sections 328, 376D, 365, 506 IPC, Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and section 5 of Immoral Traffic (Prevention) Act, 1956, Police Station-Bewar, District-Hamirpur.

II. Issue an order or direction in the nature of mandamus directing the respondent not to arrest the petitioners in case crime no. 0305 of 2023, under Sections 328, 376D, 365, 506 IPC, Section 3/5(1) of U.P.Prohibition of Unlawful Conversion of Religion Act, 2021 and section 5 of Immoral Traffic (Prevention) Act, 1956, Police Station-Bewar, District-Hamirpur.

III. Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case; and

IV. Award the cost of the writ petition to the petitioner."

3. Thus from the aforesaid, it is clear that a writ of certiorari was prayed for quashing of the FIR dated 04.11.2023 having case crime no. 305 of 2023, P.S. Bewar, District Hamirpur and also writ of mandamus as an ancillary writ seeking a direction from this Court to the respondent authorities not to arrest the petitioner named above pursuant to the above case crime at P.S. Bewar, Hamirpur.

4. Coming to the Factual Aspect of the issue, it has been contended that though the FIR was registered way back on 04.11.2023 at police station Bewar, Hamirpur but the investigation yet to see the final day and the investigating officer is yet to file his report under Section 173(2) Cr.P.C..

5. The respondent no.4 is the informant as well as victim of the case. After reading the contents of the FIR, it has clearly been culled out that the victim has suffered lots of atrocities mental as well as physical by the hands of petitioners-accused. There was a yawing gap between the financial, social status of the accused-petitioners vis-a-vis the respondent no.4 and as such she was subjected to mental and physical atrocities by the petitioners. Every sentence of the FIR is a sad saga of the atrocities faced by the respondent no.4/victim during this period and she was not permitted to open her mouth as the accused-petitioners are head and shoulders above in all the aspect of the life. Any how after mustering much of the courage, she has succeeded in lodging the present FIR on 04.11.2023 at police station Bewar, District Hamirpur.

6. As mentioned above, the Petitioner No.1 is the Vice Chancellor of Sam Higginbottom University of Agriculture Technology and Science (SHUATS), Deemed University Naini, District Prayagraj; Petitioner No.2 Rekha Patel is an Off