NAMRATABEN GORDHANBHAI MACWAN vs STATE OF GUJARAT

R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11483 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER

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Approved for Reporting Yes No
YES
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NAMRATABEN GORDHANBHAI MACWAN
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
LD SR ADV. MR MIHIR JOSHI ASSISTED BY MR ISA HAKIM(10874) for the
Applicant(s) No. 1
MR MEET THAKKAR, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 31/07/2026

JUDGMENT
1 The present application is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
quashment of Criminal Case No.167 of 2026 pending
before the learned Additional Chief Judicial Magistrate,
Khambhat, arising out of FIR No.11215013250640
dated 19.11.2025 registered with Khambhat Rural Po-
lice Station, as well as the charge-sheet dated
06.03.2026, for the offences punishable under Sections
4(1), 4(2) and 4C of the Gujarat Freedom of Religion
Act, 2003 .
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2 The Fractured Matrix:
2.1 The present applicant is the sole accused ar-
raigned in the impugned FIR and the charge-sheet.
Respondent No.2, who is the complainant, is working
as an Accredited Social Health Activist (ASHA) Facili-
tator at Bamanva Primary Health Centre on a con-
tractual basis. She is the supervisor of ASHA workers
of three villages, along with four other health work-
ers, namely, Ranjanaben Goswami, Dakshaben
Solanki, Ranjanaben Chavda and Dakshaben Parmar,
all of whom are working as ASHA workers.It is alleged
that, about three years prior to the lodging of the FIR,
after a meeting at the Primary Health Centre, Ba-
manva, had concluded, respondent No.2 and the
aforesaid four ASHA workers were asked to stay
back. Thereafter, the present applicant allegedly
preached and propagated Christianity and criticized
idol worship in the Hindu religion. It is further alleged
that the applicant persuaded them to read the Holy
Bible and learn about Christianity, while praising the
Christian faith and criticizing the Hindu religion.
2.2 It is further alleged that, on similar occasions,
after the meetings were over, the applicant asked re-
spondent No.2 and the aforesaid four female ASHA
workers to stay back and showed them YouTube
videos introducing them to the Christian faith. Ac-
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cording to the allegations, the videos depicted wars,
the return of Jesus Christ, the establishment of a new
order, and propagated the Christian faith. It is alleged
that, whenever respondent No.2 and the other fe-
male workers refused to watch the videos, they were
threatened with adverse consequences relating to
their employment, including deduction of their
salaries. It is further alleged that, about one year
prior to the registration of the FIR, the applicant sent
WhatsApp messages to respondent No.2 and the
other four female workers inviting them to attend a
meeting of Primary Health Workers at Vadodara.
Upon reaching the venue, all five of them allegedly
realized that it was a function pertaining to the Chris-
tian religion. It is alleged that, at the said function,
the Christian faith was propagated through sermons,
skits and plays, and several persons who had con-
verted to Christianity spoke about their experiences.
It is further alleged that, even thereafter, the appli-
cant continued to propagate Christianity to respon-
dent No.2 and the other female workers and, upon
their refusal, threatened them with deduction of their
salaries. With the aforesaid allegations, the im-
pugned FIR came to be registered. Upon completion
of the investigation, the charge-sheet was filed, and
the criminal case is presently pending before the
learned competent Court for trial.
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3 Heard the learned senior advocate Mr. Mihir Joshi as-
sisted by the learned advocate Mr. Isha Hakim for the
applicant and the learned APP Mr. Meet Thakkar for the
respondent-State.
4 Learned senior advocate Mr. Mihir Joshi, assisted by
learned advocate Ms. Isha Hakim, appearing for the ap-
plicant, submitted that the applicant is a law-abiding
citizen and an adherent of the faith of Jehovah's Wit-
nesses, a minority Christian denomination recognized
by the Apex Court in the case of Bijoe Emmanuel v.
State of Kerala , reported in (1986) 3 SCC 615 . It is
submitted that Jehovah's Witnesses believe the Holy
Bible to be the true word of God, profess monotheism,
and reject any form of worship or reverence to any per-
son or being other than God. The beliefs of Jehovah's
Witnesses have been elaborately discussed by the Apex
Court in Bijoe Emmanuel (supra) . It is submitted that
the propagation of the teachings of the Holy Bible and
the Christian faith constitutes an essential religious
practice of Jehovah's Witnesses and is protected under
Article 25 of the Constitution of India.
4.1 It is submitted by the learned senior advocate
Mr. Joshi that the applicant neither used force, nor
offered any allurement, nor employed any fraudulent
means to induce respondent No.2 or any other per-
son to convert to Christianity. It is further submitted
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that the allegations regarding threats of deduction of
salary or removal from service are wholly incorrect.
According to the learned senior advocate Mr.Joshi,
the applicant is neither the competent authority to
terminate the services of respondent No.2 nor is she
authorized to sanction or disburse the salaries of re-
spondent No.2 or the other ASHA workers. It is sub-
mitted that, in exercise of her fundamental right to
freedom of conscience and her right to profess, prac-
tise and propagate her religion under Article 25 of
the Constitution, the applicant merely introduced the
Christian faith to her colleagues, including respon-
dent No.2, shared certain religious literature, and
showed videos available on the official website,
namely, jw.org. It is submitted that respondent No.2
and the other witnesses attended the programme at
Vadodara voluntarily and of their own free will. No
force, inducement, allurement or fraudulent means
were employed at the said event with a view to con-
vert anyone to Christianity. It is submitted that the
programme was organized only for the spiritual edifi-
cation of Jehovah's Witnesses and other persons who
voluntarily attended the same. It is further submitted
that the applicant, being a follower of Jehovah's Wit-
nesses, is fundamentally opposed to any form of ille-
gal or forced conversion.
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4.2 It is submitted learned senior advocate Mr. Joshi
that, after an unexplained delay of nearly one year
from the date of the Vadodara programme, the im-
pugned FIR came to be lodged only with a view to
wreak vengeance upon the applicant for merely prop-
agating the teachings of the Holy Bible and sharing
literature and videos available on the jw.org website.
Learned senior advocate Mr.Joshi further submitted
that the constitutional validity of the Gujarat Free-
dom of Religion Act has been challenged before this
Court in Special Civil Application No.10304 of 2021,
wherein this Court has stayed the operation of cer-
tain provisions of the Act in relation to inter-faith
marriages. The said order has been challenged be-
fore the Apex Court by the State of Gujarat and the
matter is pending consideration. It is submitted that
the provisions of the Gujarat Freedom of Religion Act
are substantially similar to the legislation enacted by
several other States, and the constitutional validity of
such enactments, insofar as they affect the funda-
mental right guaranteed under Article 25 of the Con-
stitution, is presently under examination by the Apex
Court. In Writ Petition (Criminal) No.48 of 2020, by or-
der dated 16.01.2023, the Apex Court directed that
all such State legislations be examined together, and
transfer petitions have accordingly been filed for
clubbing the matters.
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4.3 It is further submitted by the learned senior ad-
vocate Mr. Joshi that no conversion has, in fact, taken
place and that neither respondent No.2 nor any other
person has been converted to Christianity at the in-
stance of the applicant. According to the learned se-
nior advocate Mr.Joshi, a plain reading of the im-
pugned FIR and the charge-sheet reveals no allega-
tion whatsoever that the applicant attempted to con-
vert respondent No.2. The allegations, at their high-
est, merely indicate that the applicant introduced re-
spondent No.2 and others to the Christian faith and
propagated its teachings. Even the alleged threats
are stated to have been made only in the context of
such propagation and do not disclose any attempt at
conversion by force, allurement or fraudulent means.
It is therefore submitted that the essential ingredi-
ents of the offences under the Gujarat Freedom of
Religion Act are not satisfied and, on that ground
alone, the impugned FIR and the consequential
charge-sheet deserve to be quashed.
4.4 It is also submitted by the learned senior advo-
cate Mr. Joshi that, with regard to the Vadodara pro-
gramme, respondent No.2 and the other four female
workers voluntarily attended the entire event and
thereafter accepted food offered by the applicant. Ac-
cording to the learned senior advocate Mr.Joshi, it is
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inconceivable that respondent No.2 would voluntarily
remain throughout the programme and partake of
the meal if she had been fraudulently induced or co-
erced into attending the same. It is submitted that
respondent No.2 has lodged the complaint only out of
personal vendetta, being aggrieved by the supervi-
sory role of the applicant, who had pointed out defi-
ciencies in her work and required corrective action.
4.5 It is therefore submitted by the learned senior
advocate Mr. Joshi that the acts attributed to the ap-
plicant are fully protected under Article 25 of the
Constitution of India. Even assuming the allegations
to be correct, they merely disclose that the applicant
taught the Holy Bible, propagated her faith, distrib-
uted pamphlets and showed videos relating to Chris-
tianity, none of which constitute an offence under the
Gujarat Freedom of Religion Act in the absence of
any attempt to convert respondent No.2 or any other
person. It is further submitted that, under Section 3A
of the Gujarat Freedom of Religion Act, a complaint
can be instituted only by the aggrieved person or by
a person related to such aggrieved person by birth,
marriage or adoption. Respondent No.2, therefore,
had no locus standi to lodge the complaint on behalf
of the other four female workers.
4.6 Lastly, it is submitted by the learned senior ad-
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vocate Mr. Joshi that Section 6 of the Act mandates
previous sanction of the District Magistrate before
any prosecution can be instituted. In the present
case, no such sanction was obtained by the Khamb-
hat Rural Police Station prior to filing the charge-
sheet. Consequently, the learned Trial Court could
not have taken cognizance of the alleged offences in
the absence of compliance with the mandatory statu-
tory requirement. It is, therefore, submitted that con-
tinuation of the criminal proceedings against the
present applicant would amount to an abuse of the
process of law and that the case squarely falls within
the parameters laid down by the Apex Court in State
of Haryana Vs. Bhajanlal reported in AIR 1992
SC 604 .
5 Learned APP Mr. Thakkar, appearing for the respondent-
State, submits that a bare perusal of the FIR and the
material collected during the course of investigation
prima facie disclose the commission of cognizable
offences. It is, therefore, submitted that no interference
is called for in the exercise of the inherent jurisdiction of
this Court.
6 Having considered the submissions made by the
learned senior advocate Mr.Joshi and upon referring to
the allegations narrated in the earlier part of this judg-
ment, it emerges that the complainant has been serving
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as an ASHA Facilitator since the year 2009 on a contrac-
tual basis and is receiving a monthly remuneration of
Rs.6,000/-. As an ASHA Facilitator, the complainant was
entrusted with the work of supervising the ASHA work-
ers serving in the villages of Bamanva, Jahaj and Popat-
vav. The reports prepared by the complainant were re-
quired to be submitted to the higher authority, namely,
the Female Health Worker, on which post the present
applicant was serving. It further emerges that the appli-
cant has been working as a Female Health Worker at
Bamanva Primary Health Centre since the year 2010
and is residing in the Government quarters situated
within the premises of the said Primary Health Centre.
Four female health workers, namely, Ranjanaben
Goswami, Dakshaben Solanki, Ranjanaben Chavda and
Dakshaben Parmar, were working as ASHA workers un-
der the supervision of the complainant and were receiv-
ing a monthly remuneration of Rs.2,000/-. It is not in
dispute that all of them profess the Hindu religion.
6.1 According to the allegations contained in the im-
pugned FIR, the applicant preached and propagated
Christianity to the complainant and the aforesaid four
ASHA workers while criticizing idol worship in the
Hindu religion. It is alleged that the applicant per-
suaded them to read the Holy Bible and learn about
Christianity and praised the Christian faith. For that
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purpose, after the official meetings were over, the
complainant and the other female ASHA workers
were allegedly asked to stay back and were shown
YouTube videos introducing them to the Christian
faith. The videos allegedly referred to wars, the re-
turn of Jesus Christ, the establishment of a new order
and propagated the Christian faith. It is further al-
leged that, when the complainant and the other fe-
male workers resisted such propagation, the appli-
cant threatened them with adverse consequences in
relation to their employment, including non-prepara-
tion of their salary vouchers.
6.2 It is further alleged that, about one year prior to
the registration of the FIR, a WhatsApp message was
sent to the complainant and the other female work-
ers inviting them to attend a meeting of Primary
Health Workers at Vadodara. Upon reaching the
venue, they allegedly realized that it was a function
pertaining to the Christian religion. At the said func-
tion, Christianity was allegedly propagated through
sermons, skits and plays, and several persons who
had converted to Christianity spoke about their expe-
riences of conversion.
7 During the course of investigation, the learned Public
Prosecutor has placed on record the report submitted
by the Investigating Officer along with the statements
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of the other ASHA workers, who have supported the
case of the complainant. It has also been brought on
record that the WhatsApp messages allegedly sent by
the applicant to the complainant and the other female
workers were recovered. For the said purpose, the mo-
bile phone of the applicant was seized and sent to the
Forensic Science Laboratory, as the messages had al-
legedly been deleted by the applicant.
7.1 The investigation further reveals that copies of
the Holy Bible bearing the title “Pavitra Bible Su
Sikhve Che” were allegedly distributed to the com-
plainant and the other victims. The seized mobile
phone and laptop are presently lying with the FSL,
Gandhinagar for examination. During the course of
investigation, the Bank Account details of the appli-
cant, her father and her brother were also collected.
According to the prosecution, the investigation re-
veals that the applicant is associated with Jehovah's
Witnesses of India (JWI). It is alleged that, in the ap-
plicant's ICICI Bank account, an amount of
Rs.10,08,66,494.43/- was credited from the account
of JWI, out of which an amount of Rs.7,96,23,984.13/-
was withdrawn. It is further alleged that, in the appli-
cant's HDFC Bank account, an amount of
Rs.20,55,16,718.37/- was credited, against which
withdrawals amounting to Rs.19,83,75,508.22/- were
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made, the said credits also having been received
from the account of JWI.
7.2 It is further revealed that, during the search
conducted at the residence of the applicant, several
religious books and publications relating to Christian-
ity and the Holy Bible were recovered. These in-
cluded a book titled “Pavitra Shashtra” in the Gujarati
language, another book titled “Pavitra Shashtra Ka
Nayi Duniya” , four small booklets, a book titled “Bible
Abhyas Karva Madad” , another book titled “Parmesh-
war Ke Pyar Ke Layak Bane Rahe” , and a book titled
“Jehova Ki Ichcha Puri Karne Ke Liye Sanghathit” .
Pamphlets relating to “Maha Sammelan – Jehova Ni
Bhakti, 2025” consisting of eight pages were also re-
covered. In addition thereto, books titled “Danial
Bhavishyawani” , “Sajag Bano” , “Sachcha Ishwar Ne
Olakho” , “Choki Bhuraj” , “Teoni Shradhdha Ne Pagle
Chalo” , “Dukh Jase Sukh Aaveshe” , and “Ishwar Pase
Thi Sikho” , along with the diaries of four nuns and
certain notebooks, were also recovered from the resi-
dence of the applicant.
8 It is contended by learned senior advocate Mr. Joshi that
Article 25 of the Constitution of India guarantees every
individual the fundamental right to freely profess, prac-
tise and propagate his or her religion. It is submitted
that, admittedly, neither any conversion nor any at-
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tempt to convert the complainant or the other alleged
victims to the faith professed by the applicant has been
alleged in the impugned FIR or the charge-sheet. In that
background, it is submitted that the prosecution initi-
ated against the applicant for the offences punishable
under Sections 3, 4(1), 4(2) and 4C of the Gujarat Free-
dom of Religion Act, 2003 is nothing but an abuse of the
process of law. At this stage, it is necessary to refer to
the relevant provisions of the Gujarat Freedom of Reli-
gion Act, 2003, which are reproduced hereinbelow:
“3. No person shall convert or attempt to convert, ei-
ther directly or otherwise, any person from one religion
to another by use of force or by allurement [or by any
fraudulent means or by marriage or by getting a person
married or by aiding a person to get married nor] shall
any person abet such conversion.
4(1) Whoever contravenes the provision of section 3
shall, without prejudice to any civil liability, be pun-
ished with imprisonment for a term, which may extend
to three years and also be liable to fine, which may ex-
tend to rupees fifty thousand:
Provided that whoever contravenes the provisions of
section 3 in respect of a minor, a woman or a person
belonging to Scheduled Caste or Scheduled Tribe shall
be punished with imprisonment for a term which may
extend to four years and also be liable to fine which
may extend to rupees one lakh.
4(2) When an offence is committed under this Act, in
addition to the person who actually does any act which
constitutes the offence, each of the following shall be
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deemed to have taken part in committing the offence
and shall be charged as if he has actually committed
the said offence, namely:-
(a) a person who does or omits to do any act for the
purpose of enabling or aiding another person to commit
the offence,
(b) a person who aids, abets, counsels or convinces an-
other person to commit the offence.]
4C. (1) If an institution or an organization contravenes
the provision of section 3, every person who, at the
time the offence was committed, was in charge of, and
was responsible to, such institution or organization shall
be punished with imprisonment which shall not be less
than three years but which may extend to ten years and
shall also be liable to fine upto five lakh rupees.
(2) From the date of filing a charge sheet, such institu-
tion or the organization shall not be entitled to any
grant provided by the State Government.]”
9 The object of enacting the Gujarat Freedom of Religion
(Amendment) Act, 2021 is to prohibit unlawful conver-
sion from one religion to another by misrepresentation,
force, undue influence, coercion, allurement, fraudulent
means or by marriage, and for matters connected
therewith. The constitutional framework of India guar-
antees to every individual the right to freedom of reli-
gion under Article 25 of the Constitution of India. Article
25 confers upon every person the fundamental right to
freely profess, practise and propagate religion, subject
to public order, morality and health. The use of the
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word “freely” in Article 25 underscores the voluntary
nature of religious belief and expression. The Constitu-
tion does not endorse conversion brought about by
force, fraud or coercion, nor does it protect coercive or
deceptive practices under the guise of religious propa-
gation. Article 25(1) guarantees freedom of conscience
and the right to freely profess, practise and propagate
religion, however, the said right is expressly made sub-
ject to public order, morality and health. These constitu-
tional limitations provide the foundation for regulating
religious conversions procured through coercion, mis-
representation, undue influence or other prohibited
means. The restrictions are intended to ensure that the
exercise of religious freedom does not disturb public or-
der or undermine the social fabric and the individual or
collective well-being of society.
10This Court has referred the decision of the Apex Court in
the case of Durga Yadav vs. State of U.P. and oth-
ers, reported in 2025 1 High Court Cases (All) 448
it is held by the Apex Cour t that the presumption that
one religion is inherently superior to other clearly pre-
supposes the moral and spiritual superiority of one reli-
gion over another. Such notion is fundamentally anti-
thetical to the idea of secularism. Indian secularism is
rooted in the principle of equal respect for all religions.
The State neither identify with nor favour any religion,
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but instead must maintain a principled equidistant from
all religions and faith.It is further held that the primary
object of the Act is to prohibit conversions from one reli-
gion to another that are carried out through misrepre-
sentation, force, undue influence, coercion, allurement,
fraudulent means, or marriage for the sole purpose of
unlawful conversion. The law seeks to prevent exploita-
tion and manipulation that could have broader destabil-
ising effects on social harmony, besides disruption of
law and order.
11Keeping the above law in mind, if one would peruse the
material of investigation which suggest that the appli-
cant targeted economically weaker persons, took ad-
vantage of their financial circumstances, propagated
Christianity by criticizing idol worship in the Hindu reli-
gion by closing doors of rooms, and highlighted the per-
ceived benefits of conversion through the experiences
narrated by persons present at the Vadodara pro-
gramme, prima facie disclose the commission of cogniz-
able offences under the provisions of the Gujarat Free-
dom of Religion Act, 2003. At this stage, this Court is
only required to examine whether the allegations and
the material collected during the investigation disclose
the commission of a cognizable offence and not
whether the prosecution will ultimately succeed at the
trial.
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12It is submitted by learned senior advocate Mr. Joshi that
the complainant has no locus standi to lodge the
present complaint on behalf of the other four female
workers, as they do not fall within the category of per-
sons related to lodge the complaint.
13 In this regard the Apex Court in the case of Durga Ya-
dav (supra) has held as under:
“12.Based on the foregoing deliberations, it can safely
be concluded that Section 4 of the U.P. Prohibition of
Unlawful Conversion Act, 2021, shall be construed in
harmonious conjunction with Section 173BNSS, 2023
(Section 154 of the Criminal Procedure Code, 1973), so
as to effectuate the legislative object of deterring and
penalising unlawful religious conversions. Applying the
principle of purposive interpretation, the undefined term
“any aggrieved person” under the unamended Section 4
of the Act, 2021 cannot be interpreted in isolation.
Given the statutory context and intent of the enactment,
the expression must be construed broadly to include the
Station House Officer (SHO), who is legally mandated to
maintain public order and is competent under Section
173BNSS, 2023 to register FIR for cognizable offences.
13. The use of the word “may” in Section 4 of the Act
is indicative of legislative intent to confer a discre-
tionary power rather than impose a mandatory obliga-
tion. It is a well settled principle of statutory interpreta-
tion that a term “may”, when employed by the legisla-
ture, ordinarily denotes permissiveness and confers dis-
cretion, unless the context or the objective of the
statute compels a different construction. In the context
of Section 4 of the Act, 2021, which enables any ag-
grieved person, their relatives, or any other person re-
lated by blood, marriage, or adoption to lodge a com-
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plaint, the use of “may” suggests that such persons are
empowered and at the same time keep the expression
“any aggrieved person” a class apart, who under obli-
gation of the Act empowered to initiate legal proceed-
ings. Specially, in cases of unlawful mass conversion, it
is the statutory duty of the State to prevent unlawful
conversions by misrepresentation, coercion, or fraud to
achieve the objective of the Act. Therefore, a narrow
interpretation to the expression “any aggrieved person”
would make the Act otiose.
14. Moreover, Section 7 of the Act, when read with the
provisions contained in Chapter XIII BNSS, 2023, rein-
forces this interpretation by enabling police authorities
to register, investigate and act upon offences under the
Act. In addition, Section 170BNSS, 2023, which permits
preventive measures to maintain public peace, super-
sedes any narrow reading of Section 4 of the Act, 2021
and underlines the preventive and protective function of
the police in religiously sensitive matters. In cases of
unlawful mass conversion, to exclude police from initi-
ating legal action would paralyse enforcement, thereby
rendering the operative provisions—Sections 3(1), 5, 10
and 11— ineffective.
15. Additionally, the phrase “any aggrieved person” un-
der the pre-amended Section 4 of the Act, 2021 is not
defined and applying the principle of purposive interpre-
tation, it shall be read in a manner that effectuates the
objective of the Act to safeguard freedom of conscience
and prevent its infringement through unlawful conver-
sion practices.
16. Statutory interpretation often hinges not merely on
words used by the legislature, but also on their syntac-
tic arrangements including punctuation. The placement
of a comma (,), though seemingly trivial, can pro-
foundly affect later legal rights and liabilities. Section 4
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R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
of the U.P. Prohibition of Unlawful Conversion of Reli-
gion Act, 2021 is a classical illustration. This provision
allows certain persons to file complaints related to un-
lawful religious conversion and the placement of a
comma after “any aggrieved person” has led to inter-
pretive uncertainty. The comma singles “any aggrieved
person” as a separate class of complaints, distinct from
family members and others listed in the section. The
pivotal punctuation mark here is the comma after “the
aggrieved person”.
17. Where ambiguity arises, reliance is placed on con-
text, legislative intent and established principles of
statutory interpretation. The comma after “any ag-
grieved person” suggests a deliberate separation point-
ing to the likelihood that “any aggrieved person”
stands independently, unqualified by familial connection.
The primary objective of the Act, 2021 is to prevent re-
ligious conversions brought about through coercion or
frivolous means such as misrepresentation, force, undue
influence, coercion, allurement, or fraudulent means in-
terpreting “any aggrieved person” broadly serves this
purpose by expanding the category of individuals who
can initiate legal action. The placement of a comma af-
ter “any aggrieved person” in Section 4 of the Act,
2021 supports an interpretation that separates the ag-
grieved person from the list of relatives and others.
18. Section 4 of the Amended Act, 2024, expressly clari-
fies and permits “any person” to provide information in
accordance with Chapter XIII of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS), confirms the legislative
intent to widen the scope of informants and further
clarify procedural access. This substitution must be read
as clarificatory in nature, consistent with the principle
that procedural amendments apply to pending actions
and supports a harmonious construction with Sections
173 and 175BNSS, 2023. It thereby reinforces that the
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R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
police, or any person aware of the commission of a
cognizable offence under the Act, 2021 is empowered to
initiate proceedings, thus ensuring that the statute is not
rendered otiose.
19. Thus, “any person” aggrieved by the unlawful con-
version in infringement of Article 25 of the Constitution
of India, in accordance with the provisions of U.P. Pro-
hibition of Unlawful Conversion of Religion Act, 2021,
as amended by Act, 2024 entitled to file a complaint
before the police to lodge a FIR to achieve its objec-
tives.”
14 Considering the aforesaid decision, wherein it has been
held that “any person” aggrieved by an unlawful con-
version, in violation of Article 25 of the Constitution of
India, is entitled to lodge a complaint before the police
for registration of an FIR so as to achieve the object and
purpose of the Act.
15 It is further submitted by learned Senior Advocate Mr.
Joshi that the prosecution is vitiated for want of the pre-
vious sanction mandated under Section 6 of the Gujarat
Freedom of Religion Act, 2003.
16This Court has referred to the report submitted by
learned APP Mr. Thakkar, wherein it is stated that the
District Magistrate, Anand, accorded sanction under
Section 6 of the Gujarat Freedom of Religion Act, 2003
on 06.03.2026 for filing the charge-sheet against the
applicant. In that background, the aforesaid contention
raised on behalf of the applicant is found to be unten-
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R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
able. It is further contended that, though all the victims
attended the programme at Vadodara and also partook
of the meal served there, the allegation is that they
were called to Vadodara under the pretext of attending
a meeting of the Primary Health Centre. Therefore,
merely because they attended the programme and ac-
cepted the meal would not, by itself, lead to the conclu-
sion that there was no fraudulent inducement in secur-
ing their attendance at the said event.
17 It is also submitted by learned senior advocate Mr.
Joshi that the applicant was not the authority compe-
tent to sanction or disburse the salaries of the com-
plainant or the other four female workers. However, as
noticed hereinabove, the applicant was serving as a Fe-
male Health Worker and the complainant, in her capac-
ity as an ASHA Facilitator, was required to prepare su-
pervisory reports and submit the same to the applicant.
In that background, it cannot prima facie be said that
the applicant had no role in supervising the work of the
complainant and the other ASHA workers or that she
was not in a position of authority over them.
17.1 It is further submitted by learned senior advo-
cate Mr. Joshi that neither any conversion nor any at-
tempt to convert by misrepresentation, force, undue
influence, coercion, allurement or fraudulent means
has been alleged. However, the allegations made in
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R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
the FIR and the material collected during the course
of investigation, particularly the distribution of copies
of the Holy Bible to the complainant and the other
victims, asking them to stay back after the meetings,
showing them YouTube videos relating to Christianity
behind closed doors, and inviting them to attend a
Christian religious programme at Vadodara under the
pretext of a Primary Health Centre meeting, prima fa-
cie suggest the involvement of the applicant in the
commission of the alleged offences.
18 In the opinion of this Court, the present case does not
fall within any of the categories formulated by the Apex
Court in Bhajan Lal (supra) warranting exercise of the
extraordinary or inherent jurisdiction of this Court for
quashing the FIR and the consequential proceedings.
Accordingly, the present application deserves to be dis-
missed and is, therefore, dismissed. It is, however, clari-
fied that it shall be open to the applicant to raise all per-
missible contentions before the learned Trial Court at
the appropriate stage, which shall consider the same in-
dependently and in accordance with law.
19 In view of the aforesaid discussion, this Court is of
the opinion that the allegations made in the impugned
FIR, coupled with the material collected during the
course of investigation, prima facie disclose the com-
mission of cognizable offences under the Gujarat Free-
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R/CR.MA/11483/2026 JUDGMENT DATED: 31/07/2026
dom of Religion Act, 2003. The case does not fall within
any of the parameters laid down by the Apex Court in
Bhajan Lal (supra) warranting interference in exercise
of the inherent jurisdiction of this Court under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
20 Resultantly, the present application fails and is hereby
dismissed. It is, however, clarified that the applicant
shall be at liberty to raise all permissible contentions
before the learned Trial Court at the appropriate stage,
and the learned Trial Court shall consider the same in-
dependently and in accordance with law, without being
influenced by any observations made in this order.
(M. K. THAKKER,J)
M.M.MIRZA
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