Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

1. Learned counsel for the applicant submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

2. The relief which has been mentioned in the application is delineated below:-

"It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow this application and quash the entire proceeding including the impugned Charge Sheet dated 11.03.2024 as well as Cognizance/Summoning Order dated 24.07.2024 passed by Learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Maharajganj in Case No. 13312 of 2024 (State Versus Jitendra Sahani) arising out of Case Crime No. 320 of 2023, Under Sections 153-A, 295-A of I.P.C., Police Station Sinduriya, District-5 Maharajganj, pending in the Court of Learned Additional Chief Judicial Magistrate, Maharaigani.

It is further prayed that this Hon'ble Court graciously be pleased to stay the further proceeding of Case No. 13312 of 2024 (State Versus Jitendra Sahani) arising out of Case Crime No. 320 of 2023, Under Sections 153-A, 295-A of I.P.C., Police Station-Sinduriya, District- Maharajganj, pending in the Court of Learned Additional Chief Judicial Magistrate, Maharajganj, during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury, And/or to pass such other further order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case."

3. Ms. Vandana Henry and Patsy David, learned counsel for the applicant submit that the applicant has obtained prior permission/order from Sub Divisional Magistrate, Maharajganj to preach words of Jesus Christ to public at large on his own land by moving an application. The application dated 03.04.2023 is reproduced below:

4. She further submits that after withdrawing permission order dated 03.05.2023, the Sub Divisional Magistrate, Maharajganj has passed order dated 10.12.2023 mentioning therein that the applicant has installed a tent (pandaal) at Baluahi Dhus Chauraha i.e. public place, where he is used to organize prayer meeting of Jesus Christ amongst large number of people and tried to convince them about accepting christianity because of that there is breach of law and order. Order dated 10.12.2023 is being quoted below for ready reference :

5. The counsel further submits that thereafter an FIR has been lodged against the applicant as Case Crime No.320 of 2023 under section 153-A, 295-A IPC. The counsel further submits that after conducting investigation, chargesheet has been submitted under the same sections whereas the witnesses have not supported the prosecution version as contained in the FIR.

6. Per contra, Sri Pankaj Tripathi, learned Additional Government Advocate submits that as per Section 196(1) Cr.P.C., the Government of U.P. has granted sanction vide Government Order dated 11.03.2024 being U.P. Shashan 1/515834/2024 File No.614099/367/2024() 1448 U.P. Shashan Grih (Police) Anibhag 14 Sankhya 591 E.O. 0/6 Pol.142403 Abhi./24 Lucknow to proceed in the matter and same has been transcribed in the case diary as Parcha no.C.D.13. Learned A.G.A. further submits that witness Buddhiram Yadav has also supported the version of FIR and witness Lakshman Vishwakarma s/o Sukai in his statement recorded under section 161 Cr.P.C. as transcribed in Parcha no.8 dated 10.12.2023 has giv