IN THE HIGH COURT OF
Vinod Diwakar, J.
Durga Yadav - Applicant
Vs.
State of
APPLICATION U/S 482 No. - 19916 of 2024
Decided On :
| Table of Content |
|---|
| 1. facts regarding religious conversion allegations. (Para 3) |
| 2. legal arguments on the maintainability of fir. (Para 4) |
| 3. affidavit clarifying the definition of 'aggrieved person'. (Para 6 , 7) |
| 4. constitutional framework on religious freedom and unlawful conversion. (Para 8 , 9) |
| 5. interpretation of statutory provisions regarding fir registration. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. conclusion on the validity of fir and proceeding. (Para 19) |
| 7. final ruling on the application. (Para 21) |
JUDGMENT :
Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned Additional Advocate General, assistant by learned A.G.A. for the State-respondent, and perused the record.
2. In the present proceeding, the applicant has assailed the criminal proceedings arising out of Case Crime No.335 of 2023, under Section 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, Hereinafter referred to as Act, 2021 read with Section 419, 420, 508 IPC registered at Police Station- Kerakat, District Jaunpur, [Hereinafter referred to as FIR] and impugned cognizance order dated 6.1.2024 passed by learned Additional Chief Judicial Magistrate-III, Jaunpur.
2.1 The prosecution’s stems from the fact that upon receipt of confidential information in the village Vikrampur, at the church, some men and women were luring innocent people from the local and distant areas into religious conversion by offering money and medical treatment. The station-in-charge, his team, and the informant proceeded towards Vikrampur Church. As they reached the church, some people were sitting near the stage, while others were seated in front. A person near the microphone was persuading the innocent audience to adopt the religion of Lord Jesus by tempting them with money and free medical treatment.
2.2 As the police entered the church, the people sitting in front of the stage began to flee upon seeing the police. The police apprehended three men and one woman on the spot, while the person speaking on the microphone escaped.
2.3 Upon questioning the apprehended individuals and searching them, they identified themselves as (i) Govind Lal, son of Lal Bahadur, resident of Sihauli, Kerakat Police Station, Jaunpur District, (ii) Jitendra Kumar, son of Lotu Ram, resident of Vikrampur, Kerakat Police Station, Jaunpur District, (iii) Surendra Gautam, son of (Late) Jayram Gautam, resident of Pyarepur, Sarai Khwaja Police Station, Jaunpur District, and (iv) Smt. Usha Devi, wife of Shravan Kumar, resident of Vikrampur, Kerakat Police Station, Jaunpur District.
2.4 The premises was searched, various materials related to religious conversion were recovered, including: nine large Bibles, one small Bible, one "Gutka" (holy scripture) of the Bible, one diary containing records of different illnesses, their treatments, and feedback on recoveries, ninety-eight white posters for Lord Jesus' preaching, one hundred thirty-eight pink pamphlets for "Satsang Prayers", two hundred ninety-three pamphlets titled "Birth, Life, Death- What Next," thirty-six pamphlets on "Five Steps of Faith", fourteen pamphlets titled "How to Seek God", twenty-four white envelopes with names written on them, thirty-two plain white envelopes, one "Dholak" (traditional drum), one harmonium, two microphone stands, six microphone cables, four microphones, one sound mixer machine, one selfie stand, one steel speech stand, one glass speech stand with a glass rack, one pen drive, one mobile connector cable, one camcorder microphone, and two sound machine connectors.
2.5 When questioned about the seized religious conversion materials and the escaped speaker, all four detained individuals, separately and collectively, revealed that the person who fled was Shravan Kumar, son of Lotu Ram, resident of Vikrampur village. He is the husband of Usha Devi and the brother of Govind Lal. Shravan Kumar is also the pastor of this church.
2.6 They further confessed that they, along with others
Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. And others
The term 'any aggrieved person' in the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act includes law enforcement officers, allowing them to register FIRs to maintain public order.
The main legal point established in the judgment is that the provisions of Section 3 of the Act of 2021, which prohibit conversion from one religion to another by use of misrepresentation, force, und....
The impugned order was passed without jurisdiction and in violation of the principles of natural justice, and it infringed upon the Petitioner's fundamental rights under Article 19(1), Articles 25 an....
Article 25 of the Constitution does not permit conversion from one religion to another, emphasizing the right to propagate one's faith without infringing on others' beliefs.
Protection of cultural identity under PESA Act does not violate religious freedom, and reasonable restrictions may be imposed on movement and religious activities to maintain social order.
The court affirms that the police must investigate cognizable offences and the quashing of FIR should be exercised cautiously, only in rare cases.
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