UP Police Transfers Investigation Of Case Under 'Anti-Love Jihad Law' To Karnataka Police: Allahabad HC Stays Order, Seeks State's Response

The Allahabad High Court last week stayed an order passed by the Uttar Pradesh Police transferring an investigation into an 'Anti-Love Jihad Law' matter [U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020] to Karnataka Police and called for a response from the State Government.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the plea of a lady, Umme Kulsum, who sought quashing of an order passed by the Police Commissioner, U.P., Lucknow transferring the investigation in a case registered under UP Anti-Love Jihad Law, among others, to the Commissioner of Police, Banglore City.

The Case in brief

The petitioner, Kulsum, had lodged a Case Crime/F.I.R. under Sections 498-A, 323, 506, 507, 384 I.P.C., Sections 3, 4 of Dowry Prohibition Act, 1961 and Sections 3, 5(1) of U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020, Police Station Indira Nagar, District Lucknow against accused respondent nos.3 and 4.

However, the Police Commissioner, U.P., Lucknow transferred its investigation to Commissioner of Police, Banglore City, and aggrieved with the same, Kulsum moved the High Court seeking quashing of the said Order. 

Advocate Vikas Vikram Singh appearing for the petitioner, Kulsum, submitted that the impugned order of Police Commissioner, U.P., Lucknow was liable to be quashed on the ground that it was a matrimonial dispute and simply because some part of the incident had taken place at Banglore, the same can't be a ground for transfer of the investigation to another place.

In view of this submission, the Court granted two weeks' time to the State of UP to file a counter affidavit in the matter and listed the matter for September 27, 2021.

The Court also directed that till the next date of listing, effect and operation of the impugned order dated 10.08.2021 passed by the Police Commissioner, U.P., Lucknow shall remain stayed.

Case title - Mrs. Umme Kulsum v. State Of U.P. Thru. Prin. Secy. Home & Ors.

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