Allahabad High Court grants protection from arrest to Nawazuddin Siddiqui and his family members

Source:-https://www.theindianwire.com

The arrest of film actor Nawazuddin Siddiqui has been stopped by the Allahabad High Court. The court also prevented the arrest of his three family members, who were identified in the rape and molestation case filed by the estranged wife of the actor, Aaliya, as co-accused. There is also a section on child abuse in the complaint, so the POCSO Act was triggered against his another brother, Minajhuddin, too. The court did not to provide him with protection.

The stay of the court is until the police report is presented.

This order was issued by the divisional bench of Justice Manoj Mishra and Justice Sanjay Kumar Pachauri

The case concerns a plea seeking the annulment of the FIR of 14 August 2012, registered under sections 354, 323, 504, 506, 34 of the IPC and under sections 8, 12, 21 of the Protection of Children from Sexual Offenses (POCSO) Act 2012, at the Muzaffarnagar District Police Station in Budhana.

On July 27 of this year, Nawazuddin’s estranged wife, Alia Siddiqui, who has now returned to her maiden name, Anjali Pandey, filed a FIR against Nawazuddin and five of his relatives under the Sexual Assault and POSCO Act.

Aliya reportedly lodged a further complaint with the Versova suburban police station in September of this year, accusing the actor of rape and adultery.

The allegations made, according to the FIR, are basically divided into two sections. The first part is with regard to the role played by petitioner No. 1 (Minajhuddin Siddiqui) and relates to child abuse. The actor’s niece was confirmed to have lodged a police complaint against Minajhuddin, claiming molestation when she was 9 years old. The second part of the FIR is in respect of the entire family of petitioner No 1.

The court has stated that the specific allegation of child abuse is solely against petitioner No. 1 and that the rest of the petitioners have been implicated in the levelling of the general allegation. The Court consider it appropriate to dispose of this writ petition by stating that Petitioner No. 2 (Faiyajuddin Siddiqi); petitioner No. 3 (Ayajuddin Siddiqi); Petitioner No. 4 (Smt. Mehrunisha Siddiqi); and Petitioner No. 1’s (Minajhuddin Siddiqi) petition is dismissed without prejudice to his right, as may be advised, to apply for bail/anticipatory bail.

In view of the severity of the crime committed by one of his brothers, Minajhuddin, the principal accused of raping the girl, the High Court did not offer any relief. His petition for protection was dismissed.