[Cites 4, Cited by 0]
Uttarakhand High Court
C528/346/2026 on 9 March, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.346 of 2026
Hon'ble Alok Mahra, J.
Mr. S.K. Mandal, Advocate for the
applicant.
Mr. K.S. Bora, Deputy Advocate
General and Mr. Dinesh Chauhan, A.G.A.
for the State of Uttarakhand.
2. An F.I.R. was lodged at Police
Station Purola, District Uttarkashi, under
Section 3 & 5 of the Uttarakhand
Freedom of Religion and Prohibition of
Unlawful Conversion of Religion Act,
2018. Initially, the applicant was not
named in the F.I.R.; however, during the
course of investigation, she was also
arrayed as an accused. The applicant
thereafter challenged the charge-sheet
by filing a petition under Section 482
Cr.P.C., being C-482 No. 1585 of 2023,
wherein a Co-ordinate Bench of this
Court, vide order dated 16.08.2023,
stayed further proceedings of Criminal
Case No. 75 of 2023 pending before the
learned Judicial Magistrate, Purola,
District Uttarkashi. Prior to filing the said
petition under Section 482 Cr.P.C., the
applicant had preferred an application for
anticipatory bail before the learned
Sessions Judge, Uttarkashi. The learned
Sessions Judge, vide order dated
30.01.2023, granted anticipatory bail to
the applicant subject to certain
conditions, one of which stipulated that
the applicant shall not leave the country
without prior permission of the Court.
3. It is submitted on behalf of the
applicant that she has been invited to
attend a seminar in Melbourne, Australia,
and a visa has been granted to her by
the Government of Australia w.e.f.
05.02.2026 for a period of three months
from the date of her arrival. The seminar
is scheduled to be held from 10.03.2026
to 06.04.2026. Accordingly, the applicant
moved an application before the learned
Sessions Judge, Uttarkashi seeking
permission to visit Melbourne, Australia
from 11.03.2026 to 18.04.2026 to
participate in the said seminar. However,
the learned Sessions Judge rejected the
application vide order dated 27.02.2026,
holding that since further proceedings of
the case have been stayed by the
Hon'ble High Court and the matter is
pending consideration there, he is
estopped from passing any such order.
4. Learned counsel for the applicant
further submits that the F.I.R. itself is
not maintainable in view of the bar
contained under Section 4 of the
Uttarakhand Freedom of Religion and
Prohibition of Unlawful Conversion of
Religion Act, 2018.
5. Section 4 of Uttarakhand Freedom
of Religion and Prohibition of Unlawful
Conversion of Religion Act, 2018 reads
as under:
"[Person competent to lodge First Information Report 4.
Any aggrieved person, his/her parents, brother, sister, or
any other person who is related to him/her by blood,
marriage or adoption may lodge a First Information
Report of such conversion which contravenes the
provisions of section3.]"
6. It is not in dispute that the
complainant does not fall within the
category of persons competent to lodge
the F.I.R. as contemplated under Section
4 of the aforesaid Act. It has also been
submitted that the applicant is running a
school, namely, Abron Elementary School
at Mussoorie, while her son is also
running a school at Vikas Nagar, District
Dehradun. Her husband is a Pastor in a
Church. The applicant has already
purchased return air tickets for Australia
and her scheduled return journey is fixed
for 18.04.2026.
7. In view of the aforesaid facts and
circumstances, the applicant is permitted
to visit Melbourne, Australia for the
purpose of attending the aforesaid
seminar from 11.03.2026 to 18.04.2026.
The applicant shall, however, file an
undertaking before the learned Sessions
Judge, Uttarkashi by tomorrow, along
with sureties of her son and husband,
assuring that she shall return to the
country within the stipulated period.
8. Interim relief application (I.A. No.1
of 2026) stands disposed of.
9. List alongwith C482 No.1585 of
2023.
(Alok Mahra, J.)
09.03.2026
Arpan
