UP Police Mistakenly Invoke Chhattisgarh Law Instead Of UP Act In Conversion Case FIR, Chargesheet: High Court Seeks Action

The Allahabad High Court (Lucknow Bench) recently directed against the UP Police officials who mistakenly lodged an FIR and thereafter filed a chargesheet under the Chhattisgarh Freedom of Religion Act, 1968, instead of the intended UP Prohibition of Unlawful Conversion of Religion Act, 2021. A Bench of Justice Rajeev Singh not only returned the charge sheet to the Superintendent of Police (SP), Sitapur, but also set aside the cognizance order passed by the concerned court. Briefly, an FIR was registered on a complaint by Naimish Gupta against the applicants, David Asthana and Rohini Asthana, in 2022 in a conversion case of Sitapur. However, instead of the UP Anti-Conversion law, Section 3/5 of the Chhattisgarh Freedom of Religion Act, 1968, were invoked During the proceedings, the SP concerned admitted that the FIR was actually intended to be lodged under the UP Law; however, due to a mistake by the FIR writer at the police station, the name of the Chhattisgarh Law on the same subject was wrongly mentioned instead. Though the police claimed the error was subsequently corrected in the online FIR to reflect the UP Law, the mistake persisted in the investigation records. The SP admitted that the Investigating Officer (IO) submitted the charge on January 23, 2023, but continued to mention the details of the Chhattisgarh Act, even though the operative part specified the correct Act. In fact, the Court concerned also failed to notice the discrepancy and took cognizance of the offences on February 24, 2023, under Sections 295A, 153A and 420 of the IPC as well as the Chhattisgarh Act. Taking exception to this 'mistake', the Court also said that the Magistrate's order taking cognisance of an offence under a Chhattisgarh state law within Uttar Pradesh displayed a "clear non-application of mind". "It is also admitted by learned counsel for the applicant as well as learned A.G.A. that cognizance was also taken by the learned court below for the offence under Section 3/5 Chhatisgarh Freedom of Religion Act, 1968...which is clear non application of mind. It is also evident that cognizance was taken on the wrong provisions," the Court stated. Thus, allowing the application under Section 482 CrPC, the High Court set aside the cognizance order and directed that the charge sheet be returned forthwith to the SP. The SP has been directed to ensure that an appropriate police report (under the correct UP Act) is submitted to the concerned court within one month. Furthermore, Justice Singh directed the SP to take necessary action against the erring police officials. A compliance affidavit regarding the actions must be submitted to the HC by February 16, 2026.

UP Police Mistakenly Invoke Chhattisgarh Law Instead Of UP Act In Conversion Case FIR, Chargesheet: High Court Seeks Action

Sparsh Upadhyay

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