Case Note & Summary
The present batch of matters comprised three writ petitions under Article 32 of the Constitution and nine appeals by special leave against orders of the High Court of Judicature at Allahabad. The dispute centered around six FIRs lodged against pastors and associates of the Evangelical Church of India in Fatehpur, Uttar Pradesh, alleging mass religious conversion from Hinduism to Christianity through fraud, forgery, and coercion. The FIRs invoked various sections of the Indian Penal Code, 1860, including Sections 153-A, 420, 467, 468, 506, 120-B, 307, 386, 504, and Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. FIR No. 224/2022 was registered on 15.04.2022 based on a complaint by Himanshu Dixit, Vice President of Vishwa Hindu Parishad, alleging forced conversions at the church on Maundy Thursday. The complaint cited an admission by Father Vijay Masih that conversions were achieved by cheating, threatening, and document tampering over a 34-40 day period. Between 20.01.2023 and 24.01.2023, four more FIRs (Nos. 47, 54, 55, 60) were lodged at the same police station concerning similar allegations, followed by FIR No. 538/2023 on 11.12.2023 at a different station. Petitioners sought quashing of all FIRs, or alternatively, their transfer and consolidation, as well as security for themselves and university employees, a bar on further FIRs on the same cause, and permission to attend investigation via video conference due to old age. The High Court had dismissed writ petitions seeking quashing of FIRs 54, 55, 60, and 538, leading to the SLPs. FIRs 224 and 47 were directly challenged in Supreme Court under Article 32 as they were not subjected to High Court proceedings. The court identified several legal issues: the statutory scheme of the UP Conversion Act, principles governing quashing of criminal proceedings, quashability of FIR post-chargesheet, maintainability of multiple FIRs for the same offence, and the locus standi of a third-party complainant under the unamended Act. The analysis was divided into parts, but the provided excerpt only includes the factual matrix and issues; the conclusion and reasoning are not included in the available text.
Issue of Consideration
Whether an FIR can be quashed after filing of chargesheet? Whether multiple FIRs pertaining to the same alleged offence are maintainable? Whether FIR No. 224/2022, having been lodged at the instance of a complainant other than a person prescribed under the unamended Section 4 of the U.P. Conversion Act, is liable to be quashed on that ground alone? Whether criminal proceedings can be quashed by the Supreme Court in exercise of its powers under Article 32? Whether the High Court committed any error in refusing to quash FIR No. 54/2023? Whether FIR No. 47/2023 and consequential proceedings are liable to be quashed? Whether FIR No. 538/2023 is liable to be quashed?
Case Details
2025 LawText (SC) (10) 87
Writ Petition (Crl.) No. 123 of 2023 and Connected Matters
Rajendra Bihari Lal and Another, Etc.
State of Uttar Pradesh and Others
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Nature of Litigation
Criminal writ petitions under Article 32 of the Constitution and appeals by special leave against orders of the High Court of Allahabad dismissing petitions under Section 482 CrPC, seeking quashing of six FIRs, transfer of investigation, consolidation of FIRs, and protection.
Remedy Sought
Quashing of all six FIRs, alternately transfer of FIRs to another police station; consolidation of all FIRs; direction for security for petitioners, their families, and university employees; direction that no cognizance be taken on the same cause; permission to attend investigation via video conference due to old age.
Filing Reason
Petitioners asserted that the FIRs were false, filed with ulterior motives, violated the procedure under the UP Conversion Act, and that multiple FIRs for the same incident constituted harassment; delayed and vague allegations lacked a prima facie case.
Previous Decisions
High Court of Allahabad dismissed Criminal Misc. Writ Petitions seeking quashing of FIR Nos. 54/2023, 55/2023, 60/2023, and 538/2023 by various orders between February and August 2023. The Supreme Court granted leave against those orders. FIR Nos. 224/2022 and 47/2023 were not previously challenged before any court.
Issues
Whether an FIR can be quashed after the filing of chargesheet?
Whether criminal proceedings can be quashed by the Supreme Court in exercise of its powers under Article 32?
Whether multiple FIRs pertaining to the same alleged offence are maintainable?
Whether FIR No. 224/2022, having been lodged at the instance of a complainant other than a person prescribed under the unamended Section 4 of the U.P. Conversion Act, is liable to be quashed on that ground alone?
Whether FIR No. 47/2023 and consequential proceedings arising therefrom are liable to be quashed?
Whether the High Court committed any error in refusing to quash FIR No. 54/2023?
Whether FIR No. 538/2023 is liable to be quashed?
Judgment Excerpts
the Father of the Church Vijay Masih in the context of this episode of conversion replied by accepting that we are converting Hindus into Christianity by cheating and threatening by getting them change their names in documents in tampering with editing in their names in documents.
The process of conversion is going on for the last 34 days in which all people belonging to the Hindu religion are invited. This conversion work process is completed in 40 days.
Procedural History
FIR Nos. 224/2022 lodged on 15.04.2022; FIR Nos. 47, 54, 55, 60 of 2023 lodged between 20.01.2023 and 24.01.2023; FIR No. 538/2023 lodged on 11.12.2023. Petitioners filed writ petitions before High Court of Allahabad seeking quashing of FIR Nos. 54, 55, 60, and 538/2023, which were dismissed. Aggrieved, petitioners filed Special Leave Petitions before the Supreme Court. Petitioners also filed writ petitions under Article 32 directly before the Supreme Court for quashing of FIR Nos. 224/2022 and 47/2023 and other reliefs. Supreme Court granted leave in the SLPs and heard all matters together.
Acts & Sections
- Indian Penal Code, 1860: 153-A, 506, 420, 467, 468, 120-B, 307, 386, 504
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021: 3, 5(1)
