Allahabad High Court Quashes Frivolous FIR Against Umed @ Ubaid Kha, Awards Compensation for Illegal Incarceration

Court Criticizes State Authorities for Abuse of Legal Process and Orders Compensation for Wrongful Jail Term

In a significant judgment, the Allahabad High Court, Lucknow Bench, has quashed an FIR filed against Umed @ Ubaid Kha and others under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Prohibition of Unlawful Conversion of Religion Act, 2021. The FIR was deemed baseless following the victim's statement that nullified allegations of religious conversion and other offenses.

The case, presided over by Justices Abdul Moin and Babita Rani, highlighted the misuse of legal procedures by the state authorities, leading to the wrongful arrest and incarceration of the petitioner, Umed @ Ubaid Kha. The court found that the continuation of proceedings based on a false FIR amounted to an abuse of the process of law.

The FIR, lodged on September 13, 2025, under Sections 140(1), 316(2), 317(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 3(1)(5) of the Prohibition of Unlawful Conversion of Religion Act, 2021, alleged that Umed @ Ubaid Kha and others were involved in a gang engaged in religious conversion. However, the victim, Vandana Verma, in her statement recorded under Section 183 of the B.N.S.S., clarified that she left her home of her own accord and no conversion took place.

Despite the victim’s clarifying statement given on September 19, 2025, the authorities failed to take corrective action, resulting in Umed’s prolonged detention. The High Court, exercising its extraordinary powers under Article 226 of the Constitution, quashed the FIR and all consequential proceedings.

The court directed the State of Uttar Pradesh to pay exemplary costs of Rs. 75,000, with Rs. 50,000 to be paid to Umed @ Ubaid Kha and Rs. 25,000 to be deposited with the Legal Aid Services of the Court. The judgment permits the state to proceed against the erring officials responsible for the wrongful arrest.

This judgment underscores the judiciary's role in safeguarding individual rights against the misuse of legal processes and emphasizes the importance of adherence to statutory safeguards to prevent unlawful detentions.

Bottom Line:

High Court can exercise its extraordinary powers under Article 226 of the Constitution or inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to prevent abuse of the process of law or miscarriage of justice.

Statutory provision(s): Article 226 of the Constitution of India, Sections 140(1), 316(2), 317(2), 183, 189 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 3(1)(5) of Prohibition of Unlawful Conversion of Religion Act, 2021.

Umed @ Ubaid Kha v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2803468