The , has granted from arrest to petitioner Mohammad Kaif in connection with a involving allegations of sexual relations based on a false promise of marriage. A division bench comprising Justice Rajnish Kumar and Justice Zafeer Ahmad issued the order on , providing the petitioner temporary relief until the next scheduled hearing on .
The case, registered as FIR number 0237 of 2026 at in Lucknow, invoked . The petitioner approached the court to challenge the legitimacy of the FIR, asserting that the allegations were entirely unfounded and designed to damage his professional reputation.
Contested Narratives and Legal Arguments
During the hearing, counsel for the petitioner, , argued that the complaint was built upon a "wrong and concocted story" and that no promise of marriage had ever been extended by the petitioner. The defense further emphasized that the complainant had initially raised these allegations during a podcast on a social media platform on . The petitioner contended that such public disclosure by the complainant was motivated by ulterior motives rather than genuine grievance, and that the FIR served as a tool to malign his public standing.
In opposition, the legal representative for the complainant, respondent no. 4, maintained that the contents of the FIR sufficiently disclosed the commission of a under . The complainant’s counsel explicitly contested the claims made in paragraph 35 of the petition, where the petitioner had denied the existence of any marriage-related promises, stating that the veracity of the complaint should be tested through a full investigation rather than at this preliminary stage.
Procedural Irregularities and Transfer Recommendations
The investigation into the matter has encountered significant procedural questions regarding the consistency of the complainant's statements. The learned , representing the State of Uttar Pradesh, informed the court that there were apparent contradictions between the statements recorded under . Specifically, the AGA noted that the complainant had introduced allegations regarding an incident at a hotel in Lucknow that were entirely absent from both the original FIR and the initial statement provided under .
Due to these inconsistencies and the fact that the primary allegations relate to events in Delhi, the Investigating Officer has recommended that the FIR be transferred to the jurisdiction of Delhi authorities. The matter is currently pending before the , who is tasked with deciding the .
Interim Order and Ongoing Cooperation
The court acknowledged the state's request for additional time to receive instructions regarding the progress of the transfer recommendation. Addressing the petitioner's concern that he might face immediate arrest while the jurisdictional question remained unresolved, the court granted .
The bench stated clearly:
"Till the next date of listing, the petitioner shall not be arrested in pursuance of the
, however, he shall cooperate in the investigation."
By conditioning this protection on his participation in the investigative process, the court ensured that the legal inquiry remains active while preventing potential overreach before a decision on jurisdiction is finalized. The petitioner has been permitted to file a in the interim to further clarify his position against the allegations.
The case is now listed for further proceedings on . The court’s decision to maintain the current serves as a temporary safeguard for the petitioner, pending a more definitive resolution regarding whether the investigation will proceed in Lucknow or be moved to the national capital. The final determination of the petition will likely hinge on the upcoming report from the Deputy Police Commissioner and the resolution of the conflicting statements documented during the investigative phase.
interim protection - sexual offense allegations