Allahabad High Court Quashes Criminal Proceedings Against Students Implicated For Offering Namaz At Location Restricted By Local Administration
Isabella Mariam
The High Court of Judicature at Allahabad, Single Bench of Justice Saurabh Srivastava, quashed the entire criminal proceedings against two students who were charged for performing Namaz at a location where the local administration had issued restrictions. The Court, while allowing the application, cautioned the students to comply with any directives issued by the local administration in the future in the interest of public order. The two applicants had been implicated in a criminal case for allegedly unlawfully assembling and disobeying an official order, following which a magistrate's court had taken cognizance and issued summons against them.
The application was filed under Section 528 BNSS before the High Court of Judicature at Allahabad seeking quashing of the entire criminal proceedings arising out of a case registered under Sections 143 and 188 IPC at Police Station Khalilabad, District Sant Kabir Nagar. The proceedings were pending before the Civil Judge (Junior Division)/Judicial Magistrate, Sant Kabir Nagar.
The applicants challenged the charge sheet dated 29.08.2017 and the summoning order dated 27.05.2019. According to the applicants, they had no criminal history and were students. It was contended that they were implicated for performing Namaz at a place where the local administration had temporarily restricted such activity in the interest of maintaining law and order. The State, upon instructions, submitted that certain places had been notified as not allowed for offering Namaz to maintain peace and harmony, and that the applicants insisted on performing Namaz at the prohibited site, leading to the registration of the FIR.
The Court confined its consideration to the applicants before it and examined the material placed on record.
The Court observed, “After conducting detailed investigation over the charge sheet submitted by concerned Investigating Officer, prima facie considering that offence is made out, learned court of Civil Judge (Junior Division)/Judicial Magistrate, Sant Kabir Nagar took cognizance of offence by way of summoning applicants which rises cause of action in favour of the applicants for filing instant application.”
It recorded, “On previous occasion, in compliance to order dated 5.2.2026, learned AGA came up with the specific instructions, in respect of the applicants that there is hardly any criminal history credited in their favour but considering the maintenance of law and order, certain place were notified as not allowed to perform Namaz to the society to which applicants are belonging but in violation of the same instructions which have been issued by local administration just to maintain peace and harmony of the society, both the applicants deliberately insisted to perform Namaz over the same place which culminated into lodging FIR against the applicants along with other co-accused.”
The Court further observed, “After having the arguments so raised by learned counsels for the parties, this Court is confined only to the prayer made at the behest of applicant nos. 1 and 2 and not for other co-accused and learned AGA already informed that there is hardly any criminal history credited against applicant nos. 1 and 2.”
It stated, “Implication only on the basis of intention to perform Namaz over the same place which was not allowed for the time being by the administration, is slightly hampering the future of applicant no. 1 and is unjustified for implicating applicant no. 2 also in Case Crime no. 1055 of 2017.”
On the constitutional position, the Court recorded, “In the democratic set up of this country, which is secular in nature as per preamble of the Constitution citizens of every faith, belief of different caste, creed and religion has been ensured guarantee to follow their faith and belief as per their own rituals but at the same time, considering the mixed culture of the society, certain yardstick and the suggestions in shape of direction issued by the local administration has to be followed by citizen of the country which is in the larger interest of the society for maintaining law and order as well as peace and harmony amongst the local resident.”
The Court directed, “Considering the arguments so raised by learned senior counsel in favour of the applicants, although entire proceeding of Case no. 2828 of 2019 arising out of Case Crime no. 1055 of 2017 under sections 143, 188 IPC, (State vs. Jumman Khan and others), PS- Khalilabad, District Sant Kabir Nagar comprising charge sheet dated 29.8.2017 and summoning order dated 27.05.2019 are hereby quashed and set aside only in respect of applicants herein but both the applicants are hereby warned to follow the instructions and the specific restrainment, if issued by the local administration in future which is always in the interest of the society at large for performing rituals of their own faith and belief in shape of worship as per their own custom. The instant application u/s 528 BNSS stands allowed accordingly.”
Advocates Representing the Parties
For the Petitioners: Mr. Anil Srivastava, Senior Counsel assisted by Mr. Mohd. Shamim, Advocate; Manoj Kumar Singh, Advocate
Case Title: Azeem Ahmad Khan Alias Abeem Ahmad And Another v. State of U.P. and Another
Neutral Citation: 2026:AHC:35264
Case Number: Application U/S 528 BNSS No. 46108 of 2025
Bench: Justice Saurabh Srivastava
