By Diksha-
The Allahabad High Court last week granted interim protection from arrest to Nawazuddin Siddiqui and his 4 family members pending investigation into the matter.
A petition was filed by the Petitioners in the High Court to quash the FIR filed against them under the IPC and POCSO Act.
The FIR was filed at the Budhana Police Station in Muzaffarnagar District on August 14, 2020 under Sections 354, 323, 504 and 506 of the IPC and under Sections 8, 12 and 21 of the Protection of Children from Sexual Offences Act, 2012.
It was submitted by their Counsel that the allegations in the FIR were false to their core and only filed to extract a favorable settlement from Actor Nawazuddin Siddiqui by his wife, with whom he is having a divorce dispute.
The Learned Attorney General urged the Court to investigate into the serious allegations against the Petitioner No.1 and not quash the FIR altogether.
The Court observed that since all others in the FIR apart from Petitioner No.1 are only generally implicated in the matter, they shall not be arrested until the investigation is completed and brought to a logical conclusion.
Further, no arrest can be made unless the submission of the police report under Section 173(2) of the CrPC.
The Hon’ble Court however dismissed the petition of Petitioner No. 1 Minajhuddin Siddiqui without prejudice to his right to apply for bail.
