Allahabad High Court Grants Interim Protection From Arrest To Cricketer Mohd Shami's Brother In FIR Over Alleged Sex On False Marriage Promise
| State tells Allahabad HC that the IO has recommended transferring the FIR to Delhi as the main allegations pertain to that city.
In an interim relief for Ranji cricketer Mohammad Kaif, brother of renowned cricketer Mohammed Shami, the Allahabad High Court recently directed that he shall not be arrested in connection with an FIR registered against him over allegations of sexual relations on a false promise of marriage.
The order will remain in effect until November 4, the next hearing date.
A Bench of Justice Rajnish Kumar and Justice Zafeer Ahmad passed the order on October 24 while hearing Kaif's criminal writ petition challenging the FIR registered against him at a Police Station in Lucknow.
The Court, however, directed Kaif to cooperate with the investigation.
"Till the next date of listing, the petitioner shall not be arrested in pursuance of the impugned FIR, however, he shall cooperate in the investigation", the Court ordered.
On September 13 this year, an FIR was lodged against him under Sections 69 (Sexual intercourse by employing deceitful means etc.) and 351(3) [Criminal intimidation] of the Bharatiya Nyaya Sanhita, 2023. Thereafter, Kaif approached the High Court seeking to quash the FIR.
Appearing for him, Advocate Nadeem Murtaza argued that the FIR was based on a "wrong and concocted story” and that the petitioner had never given any promise of marriage.
It was further argued that the FIR had been lodged to malign him and that the complainant had first levelled the allegations in a social-media podcast on April 29, 2026.
Opposing the plea, the counsel appearing for the complainant submitted that the contents of the FIR disclosed a cognizable offence under Section 69 BNS. The counsel also disputed the petitioner's assertion made in paragraph 35 of the writ petition.
During the hearing, the Additional Government Advocate, appearing for the State, submitted on instructions that there was a contradiction between the complainant's statements recorded under Sections 180 and 183.
The State further informed the Court that the Investigating Officer had recommended to the higher authorities that the FIR be transferred to Delhi, since the main allegations related to Delhi. The matter was stated to be pending before the Deputy Commissioner of Police, Lucknow.
In response, counsel for Kaif submitted that no decision had yet been taken on the recommendation to transfer the FIR and that the petitioner apprehended arrest.
The AGA sought time to obtain instructions on whether any decision had been taken regarding the transfer recommendation.
Taking note of the submissions, the Court directed that Kaif shall not be arrested in pursuance of the FIR until the next date of listing, subject to his cooperation with the investigation.
The matter has been directed to be listed as fresh on November 4.