Petition to Quash FIR Against Hemraj Tailor for Unlawful Religious Conversion Dismissed by Madhya Pradesh High Court
In a significant judgment, the Madhya Pradesh High Court, Indore Bench, has dismissed a petition filed by Hemraj Tailor seeking to quash criminal proceedings initiated under the M.P. Freedom of Religion Act, 2021, and the Indian Penal Code (IPC). The petitioner, Hemraj Tailor, was implicated in a case concerning allegations of unlawful religious conversion and criminal intimidation. Justice Sandeep N. Bhatt presided over the matter and delivered the judgment on April 29, 2026.
The case arose from an FIR registered in Crime No. 481/2023 at P.S. Jeerapur, District Rajgarh, involving offenses under Sections 3 and 5 of the M.P. Freedom of Religion Act, 2021, and Sections 506 and 34 of the IPC. The FIR alleged that Hemraj Tailor pressured the complainant's husband to convert his religion, thereby violating the provisions of the Freedom of Religion Act.
The petitioner’s counsel contended that there was no material evidence to substantiate the allegations against him, arguing that the charges were based merely on allegations without direct involvement in any religious conversion. He sought the exercise of inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings, citing judgments from higher courts to support the plea for quashment.
However, the counsel for the State opposed the petition, emphasizing that the investigation had yielded substantial evidence, including statements from witnesses that corroborated the allegations against Hemraj Tailor. Notably, statements from the complainant and her minor son reinforced the charges, indicating the petitioner's active role in pressuring for conversion.
Justice Bhatt, while considering the arguments, pointed out that Section 528 of the Bharatiya Nagarik Suraksha Sanhita allows the High Court to exercise inherent powers to prevent abuse of the process of any court or to secure the ends of justice. However, he highlighted that the prima facie material available on record implicated the petitioner sufficiently to justify the continuation of proceedings. The court observed that the allegations were serious, involving attempts to coerce religious conversion, and warranted examination during the trial phase.
Citing the Supreme Court's judgment in the case of Neeharika Infrastructure v. State of Maharashtra, Justice Bhatt emphasized that the presence of prima facie evidence against the petitioner necessitated a trial. He concluded that the proceedings did not constitute an abuse of process or miscarriage of justice, and thus, the petition for quashment was meritless.
The dismissal of the petition underscores the judiciary's stance on upholding legal proceedings when prima facie evidence is presented, particularly in cases involving sensitive issues like religious conversion. The case will proceed to trial, where the evidence will be thoroughly examined.
Bottom line:-
Petition for quashing proceedings under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 dismissed due to prima facie evidence implicating the petitioner in alleged unlawful religious conversion and criminal intimidation offenses.
Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 3 and 5 of M.P. Freedom of Religion Act, 2021, Sections 506 and 34 of Indian Penal Code
Hemraj Tailor v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2894948
