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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vinod Diwakar,J.
Durga Yadav – Appellant
Versus
State of U.P. – Respondent
| 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-II
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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