The Lucknow bench of the Allahabad High Court recently stayed the arrest of Gareeb Nawaz Masjid’s committee members against whom an FIR has been filed accusing them of forging mosque’s documents.
The division bench of Justices Attau Rahman Masoodi and Ajai Kumar Srivastava-I passed this order while hearing a petition filed by Mushtaq Ali & Ors.
The FIR was lodged against the Petitioner as a case under Sections 419, 420, 467, 468, 471 I.P.C., police station Ram Sanehi, District Barabanki.
The Petition submitted that the F.I.R. lodged against the Petitioners does not specifically mention any public document, which has either been forged or manipulated by the petitioners in any manner. The very contents of the F.I.R. are thus false and unfounded. It is further submitted that the alleged mosque was a WAKF by the user and was registered as a WAQF property.
It is also submitted that the rights were protected under a judicial order passed by the Court.
The Additional Government Advocate opposing the maintainability of the writ petition has not been able to clarify as to what documents specifically were forged by the petitioners. However, it is submitted that the investigation is still pending.
It is also submitted that for lack of instructions a clear position cannot be brought to the notice of the Court.
Thus, the Court directed that a counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
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“In the meantime, it is provided that until a police report under Section 173(2) Cr.P.C. is filed, the Petitioners shall not be subjected to any coercive measures. It is made clear that the petitioners shall co-operate with the investigation and shall not evade their presence as and when called for,” the Court ordered.
Source: ILNS