VHP Office Bearer Wasn't A Competent Person To Lodge FIR In 'Fatehpur Mass Religious Conversion' Case: Allahabad High Court

The Allahabad High Court on Friday observed that an office bearer of the Vishva Hindu Parishad, Fatehpur Himanshu Dixit was not a competent person to lodge a First Information Report (FIR) pertaining to the Fatehpur Mass Religious Conversion Case under Sections 153A, 506, 420, 467, 468 I.P.C. and Sections- 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion ActThe bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar observed thus as it examined the scope of Section 4 of the UP Prohibition of Unlawful Conversion of Religion Act, especially the words 'any aggrieved person'. The Court said that as per the mandate of the said provision, only a person has been converted, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge a first information report pertaining to the allegation of such conversionIn essence, the Court held that as per Section 4 of the Act, an aggrieved person or his close relatives (as mentioned in the section) may only file an FIR alleging the commission of an offence under Section 3 of the U.P. Prohibition of Religions Conversion Act, which prohibits conversion of religion as also its attempt by traced misrepresentation, force, undue influence, and/or allurement, as also its abatement and conspiracy."The various categories of person enumerated in Section 4, who are competent to lodge the first information report are any aggrieved person. The words "any aggrieved person" at the very start of the said section can be interpreted to mean any person, especially since there is no provision under the I.P.C. or Cr.P.C., which bars or prohibits any person from lodging a first information report regarding cognizable offence. However, the words 'any aggrieved person' in our considered opinion is qualified by the subsequent categories and the words his, her parents, brother, sisters or blood relations by marriage and adoption included," the Court held.Consequently, the Court opined that the FIR dated 15.04.2022, lodged by an office bearer of the Vishva Hindu Parishad, Fatehpur Himanshu Dixit was not lodged by a competent person as he doesn't fall into the category of aggrieved person (as per Section 4 of the UP Prohibition of Unlawful Conversion of Religion Act).The Court observed thus while refusing to quash a First Information Report (FIR) filed against 37 persons by an aggrieved person accusing them of coercing him into religious conversion (Hinduism to Christianity) by offering inducements.While doing so, the Court rejected the argument of the counsel for the accused persons that the instant FIR (filed by an aggrieved person as per the UP Prohibition of Unlawful Conversion of Religion Act) be quashed since there is already an FIR pending related to the same case.The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar noted that since the first FIR had not been registered by a competent person, the second FIR, though related to the same incident, cannot be quashed as it has been lodged by a competent person.Read more about the court's observations here: Fatehpur Mass Religious Conversion Case: Allahabad High Court Refuses To Quash FIR Against 37 AccusedAbout Fatehpur Mass Religious Conversion CaseDixit lodged an F.I.R. with the Fatehpur Kotwali Police station on April 15, 2022, with the allegations that about 90 persons of Hindu religion have been congregated at a Church in Fatehpur for the purpose of their conversion to Christianity.On receiving the information, the Government officers raided the plea and interrogated the pastor Vijay Massiah, who disclosed that the process for conversion was going on for the last 34 days and that this process shall be completed within 40 days.Allegedly, the pastor also informed that they have been trying to convert even patients admitted to the Mission Hospital and the employees play an active role in the same. The Government officers found 35 persons including the accused/applicant (named in the F.I.R.) and 20 unknown persons as having been involved in this conversion.In his complaint, Dixit claimed that about 90 Hindus were converted in the 'Evangelical Church of India' of Harihganj and during the relevant point of time, the Hindus were being called and told about the features of Christianity.It was also alleged that pressure was being made on people to accept Christianity by giving greed along with the deception. The kingpin of this conversion gang was stated to be a couple, who are residents of Dehradun.AppearancesCounsel For Applicants: Sr. Advocate Dilip Kumar, Sagar MehrotraCounsel for Respondent: Manish Goel, Additional Advocate GeneralCase title - Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others [CRIMINAL MISC. WRIT PETITION No. - 1814 of 2023]Case Citation: 2023 LiveLaw (AB) 68Click Here To Read/Download Order

VHP Office Bearer Wasn't A Competent Person To Lodge FIR In 'Fatehpur Mass Religious Conversion' Case: Allahabad High Court

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