Disposed

Faeem Ahmad Alias Fem v. State of U.P. and Another

Allahabad HC24 Jul 2024A482/21418/2024

Case brief

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What is this about?

Applicant sought quashing of a sessions trial for alleged offences under Sections 376, 506 IPC and the U.P. religious conversion ordinance, citing Supreme Court precedent on pretext-of-marriage allegations. Court found the matter prima facie requires consideration, issued notice and counter-affidavit directions.

What did the court decide?

Further proceedings of the sessions trial stayed against the applicant until further orders; notice issued with counter affidavits due within two weeks.

Faeem Ahmad Alias Fem vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 21418 of 2024

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Applicant :- Faeem Ahmad Alias Fem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Kumar Counsel for Opposite Party :- G.A.,Gaurav Pundir

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Prateek Kumar, learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Sessions Trial No. 52 of 2022 (State Vs. Faeen Ahmad @ Fem) arising out of Case Crime No. 109 of 2021, under Sections 376, 506 IPC, and Section 3/5(1)of the U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2020, Police Station Bilaspur, District Rampur, pending in the court of Additional Sessions Judge / FTC, Rampur.

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The an application under Section 482 No. 12765 of 2024, which has been dismissed as withdraw.

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Learned counsel for the applicant submits that the first information report dated 10.03.2021 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that as per allegation of first information report, the applicant made physical relations with the victim / first informant on the pretext of marriage for five years prior to lodging of FIR.

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Learned counsel for the applicant relied upon the judgment of the Supreme Court in Pramod Suryabhan Pawar v. The State of Maharashtra, 2019(9) SCC 608 and Sonu @ Subhash Kumar v. State of Uttar Pradesh and another, LL 2021 SC 137.

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Prima facie, matter requires consideration.

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Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

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Issue notice to opposite party no.2 returnable at an early date.

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Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.

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List after eight weeks.

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Until further orders of this Court, further proceeding of aforesaid case shall remain stayed against the applicant.

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Order Date :- 24.7.2024 Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Faeem Ahmad Alias Fem v. State of U.P. and Another

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Faeem Ahmad Alias Fem v. State of U.P. and Another

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