Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: In an application filed by accused students for quashing of criminal proceedings initiated against them for offering Namaz at restricted place, the Single Judge Bench of Saurabh Srivastava, J., allowed the application, considering that the students had no criminal history and were only implicated in this case, which was hampering their future.
Background
An FIR was filed against the present accused students under Sections 143 and 188, Penal Code, 1860 (IPC) because they offered Namaz in a restricted place despite being restrained by the local administration. Aggrieved, they filed the present application.
Analysis
At the outset, the Court noted that the accused students had no criminal history, and the only implication in the present case was based on the intention to offer Namaz in a restricted place. The Court also noted that the implication of the accused persons in the present case was hampering their future.
Noting the aforesaid, the Court remarked that in the democratic set up of this country, which is secular in nature as per the Preamble of the Constitution, citizens of every faith, belief of different caste, creed, and religion are free to follow their faith and belief as per their own rituals. However, at the same time, considering the mixed culture of the society, certain yardsticks and suggestions, such as directions issued by the local administration, have to be followed by the citizens. This was in the larger interest of the society for maintaining law and order as well as peace and harmony amongst the residents.
Considering the arguments and the material on record, the Court quashed the summoning order and charge-sheet qua the accused students herein. The Court also warned the accused students to follow the instructions and restrictions issued by the local administration for performing rituals of their faith and belief in the future, as the same is always in the interest of society at large.
[Azeem Ahmad Khan v. State of U.P., Application U/S 528 BNSS No. 46108 of 2025, decided on 17-2-2026]
Advocates who appeared in this case :
For the petitioner: Anil Srivastava, Manoj Kumar Singh, Mohd. Shamim
For the respondent: AGA