The Allahabad High Court has stayed the arrest of a school teacher accused of attempting to convert a student to Christianity and pressuring him into a sexual relationship.

The Division Bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad, extended similar protection to two others implicated in the case under multiple legal provisions, including the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act and the Protection of Children from Sexual Offences Act (POCSO Act).

"In the meantime, no coercive action will be taken against the petitioners and they will not be arrested in pursuance of the instant FIR arising out of Case Crime No. 83 of 2023, under Section 506 IPC, Section 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 9, 10 and 23 of Protection of Children from Sexual Offences Act, 2012, Police Station Cantt, Eastern Commissionerate Kanpur Nagar, District Kanpur Nagar," the Bench ordered.

The Petitioner - accused is a teacher of a reputed school where the son of the informant is studying in Class X. As per the allegation in the F.I.R, the teacher was putting pressure on his son of the informant (name not disclosed) for establishing sexual relationship and for converting to Christianity.

While awaiting the State's response to the Petition, the Court ordered a stay on any coercive action against the petitioners, prohibiting their arrest in connection with the FIR. Additionally, the Court directed the Commissioner of Police, Kanpur, to transfer the investigation to the cyber cell to determine whether the student had created fake accounts using the teacher's mobile phone or ID.

The Bench said, "The Commissioner of Police, Kanpur is directed to transfer investigation to cyber cell which will submit a report if the child has created any fake account using mobile phone/I.D. of the lady teacher. The informant will hand over the original phone to the police."

The matter is scheduled for further hearing on July 10.

Cause Title: Miss Olive Rohit Alias Olive Rose Caleb And 2 Others v. State Of Up And 2 Others

Appearance:-

Petitioner: Advocate Gaurav Tripathi

Respondent: Advocate Man Mohan Mishra (G.A.)

Click here to read/download the Order



Justice Rajiv GuptaJustice Shiv Shanker PrasadAllahabad High Court

Sukriti Mishra