Queency Jain –
The Lucknow Bench of Allahabad High Court stayed the arrest of Gareeb Nawab Masjid’s committee members accused of forging Mosque’s documents.
The decision comes after the Barabanki Police lodged a FIR against 8 people of the committee members allegedly resorting to fraud and cheating to get the mosque registered as a Waqf property.
While the district administration had earlier demolished the mosque claiming it to be an illegal structure, the Bench of Justices Attau Rahman Masoodi and Justice Ajai Kumar Srivastava directed that the petitioners shall not be subject to any coercive measures until the police files a FIR under section 173(2) of CrPC.
The direction comes after the petitioners filed a Petition submitting that FIR lodged against them under various sections of Indian Penal Code does not specifically mention of any public document, which has either been forged or manipulated by the petitioners in any manner.
The State submitted that for lack of instructions a clear position cannot be brought to the notice of the Court and thus pleaded for extra time to file counter-affidavit.
The Court has directed to file counter-affidavit within 3 weeks.