Allahabad High Court Penalizes UP Government Over Abduction Case Investigation
Court Ruling on Abduction Case
The Allahabad High Court has levied a fine of ₹75,000 on the Uttar Pradesh government for persisting with an investigation into an abduction case, despite the alleged victim's claim that she left her home voluntarily, as reported by a local news outlet.
On October 30, a division bench comprising Justice Abdul Moin and Justice Babita Rani delivered this ruling while addressing a petition from Umed, also known as Ubaid Khan, and others, who were detained under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.
The petitioners aimed to dismiss a first information report (FIR) filed at the Matera police station in Bahraich, which accused them of abducting a woman and attempting to convert her religion.
The bench ordered Khan's release, highlighting that even after the woman testified before a magistrate that she had traveled to Delhi of her own accord, the police continued their investigation and held the accused for over a month and a half.
The court remarked that this case exemplifies the failure of state authorities, who seem to be competing to gain favor.
Labeling the police's actions as 'vexatious,' the bench instructed the state to compensate Khan with ₹50,000 and to deposit the remaining ₹25,000 with the court's Legal Aid Services.
The case originated from an FIR lodged on September 13 by Pankaj Kumar, a resident of Bahraich, who claimed his wife had disappeared from their home with valuables, alleging that five men, including Khan, had enticed her away.
The police charged the accused under sections of the Bharatiya Nyay Sanhita related to kidnapping and the state's anti-conversion law.
After the woman returned home, she provided a statement that led to additional charges of criminal breach of trust and theft under the 2021 Prohibition of Unlawful Conversion of Religion Act.
Khan was taken into custody on September 18.
However, on September 19, the woman gave another statement to the magistrate, asserting that she had left due to ongoing domestic abuse from her husband and denied any religious conversion attempts, returning her jewelry to the police.
Her attorney informed the court that her initial statement was made under duress from her husband and in-laws.
Considering her second statement, the bench concluded that there was no basis for the police to continue their investigation, given that the woman did not support the prosecution's claims.
The FIR was quashed, and the bench ordered Khan's immediate release unless he was implicated in other cases.
Additionally, the court allowed the state to take action against the officials involved in the investigation and the complainant for filing a false report.