Complainant’s Minor Son’s Statement Clearly Implicates Accused: Madhya Pradesh High Court Refuses To Quash Forced Conversion Case
The Madhya Pradesh High Court was considering a petition seeking the quashing of criminal proceedings under the M.P. Freedom of Religion Act.
Justice Sandeep N. Bhatt, Madhya Pradesh High Court (Indore Bench)
The Madhya Pradesh High Court has refused to quash a case against a man accused of trying to convert a family to Islam after noting that the statement of the minor son of the complainant implicated the accused.
The High Court was considering a petition filed under section 528 of BNSS, 2023, seeking the quashing of criminal proceedings arising out of a case registered under Sections 3,5 of M.P. Freedom of Religion Act, 2021 and Section 506, 34 of the IPC.
The Single Bench of Justice Sandeep N. Bhatt held, “I am of the view that there is prima-facie material available on the record which clearly implicates the present petitioner in the offence in question. The statement of Prince - the minor son of the complainant which clearly implicates the petitioner in the offence in question. His role is specifically stated by the minor son of the complainant as well as by the complainant herself.”
Advocate Sandeep Kumar Sen represented the petitioner, while Government Advocate Sunit Kapoor represented the respondent/State.
Factual Background
It was alleged that the petitioner had motivated the husband of the complainant to convert his religion to Islam by adopting the muslim religion.
Reasoning
On a perusal of the facts of the case, the Bench noted that there was prima facie material available on the record which implicated the petitioner in the offence in question. Referring to the statement of the minor son of the complainant, the Bench stated that the same implicated the petitioner in the offence in question.
“Considering all these aspects, the question which is now raised by the petitioner by way of the instant petition is required to be tested at the time of trial by leading cogent and convincing evidence, which will be considered by the trial Court, after prosecution adduce evidence and petitioner being accused has opportunity to examine and cross-examine the prosecution witness, but it cannot be said that process of law is misused”, the order read.
Holding that no case was made out for exercise of the inherent powers under Section 528 for consideration of quashing the proceedings pending before the Special Judge(SC/ST)Act, the Bench dismissed the Petition.
Cause Title: Hemraj Tailor v. The State of Madhya Pradesh (Neutral Citation: 2026:MPHC-IND:12019)