Friday, August 7

Karnataka High Court

The Karnataka High Court quashed an FIR against three men accused of distributing Islamic pamphlets near a temple, ruling that it did not amount to a criminal offence. Justice Venkatesh Naik T held that the complainant had no legal standing under Section 4 of the state’s anti-conversion law and that no elements of forced or fraudulent conversion under Section 3 were met. The court also found no evidence of incitement under BNS provisions. It reaffirmed Article 25 rights, stating that peacefully sharing religious views is protected, provided there is no unlawful conversion attempt.

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.