The Lucknow Bench of the Allahabad High Court has denied relief to Arif Hussain @ Sonu Singh who has been accused of concealing his name and religion and by identifying himself with the wrong name initially enticed away the victim, raped her and thereafter forced her to marry him.
The Division Bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari passed this order while hearing a petition filed by Arif Hussain @ Sonu Singh and Others.
The petition is filed with the following prayers:
“(1) Issue a writ, order or direction in the nature of certiorari quashing thereby the impugned First Information Report dated 09.09.2024 lodged by the opposite party no 2 against the petitioners which has been registered at Case Crime No.0478 of 2024, under Sections 70(1), 123, 318(4), 92, 115(2), 352, 351(3), B.N.S, 3(1)Da, 3(1)Dha,3(2)(v) of SC/ST Act, Police Station Sushant Golf City, District Lucknow.
(2) Issue a writ, order or direction in the nature of mandamus directing the opposite party nos 2 to 3 not to arrest the petitioners in Case Crime No.0478 of 2024, under Sections 70(1), 123, 318(4), 92,115(2),352,351(3), B.N.S, 3(1)Da, 3(1)Dha, 3(2)(v) of SC/ST Act, Police Station Sushant Golf City, District Lucknow.”
Counsel for petitioners submitted that the petitioners are innocent and they have been falsely implicated in the case. It is contended that the informant only to harass the petitioners has levelled false allegations against the petitioners.
Petitioner No 1 has shown that he had converted his religion from Islam to Sanatan. To support the same petitioner no 1 has filed a conversion certificate dated 24.01.2009 and marriage certificate issued by Arya Samaj Mandir, Aliganj, Lucknow of the same date 24.01.2009 which itself looks to be dubious as both the certificates have the same serial number. In marriage certificates the age of parties has not been mentioned and the wording mentioned in the conversion certificate is not proper.
The petitioners have also filed the certificate of registration of marriage dated 26.02.2010. Along with the writ petition, an Aadhar Card in the name of Arif Hussain is annexed as identification which shows that the same was issued on 24.06.2012 though he had converted his religion from Islam to Sanatan on 24.01.2009.
A.G.A vehemently opposed the submissions of the counsel for petitioners and submitted that the date of conversion and marriage is same, therefore the conversion has been performed only for the purpose of marriage, which is not a legal conversion. However, the genuineness and validity of certificates of marriage and conversion as well as Aadhar Card is under active investigation.
A.G.A further submitted that in the petition the petitioner no 1 has mentioned his name as Arif Hussain alias Sonu Singh which shows that petitioner is still known as Arif Hussain primarily. The petitioners have not approached the Court with clean hands.
On a query put to counsel for petitioners that once the petitioner no 1 has converted his religion from Islam to Sanatan way back on 24.01.2009 why he got his Aadhar applied in the year 2012 showing himself to be follower of Islam and his name as Arif Hussain, counsel for petitioners could not give any explanation for the same. It is apparent that the petitioner no 1 has not conducted himself bonafidely either in his relationship or even after the said marriage, the court noted.
“Looking into the peculiar facts and circumstances of the case, we are not inclined to interfere with the said F.I.R in these proceedings, at this stage when the entire investigation is pending. Hence, the writ petition is liable to be dismissed,” the Court observed while dismissing the petition.
“The Police shall have liberty to look into the fact as to whether the petitioner no 1 has also committed crime of getting his Aadhar Card prepared in the year 2012 in the name of Arif Hussain on the basis of false/incomplete information when he had already converted his religion from Islam to Sanatan in the year 2009,” the order reads.
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