The Allahabad High Court on Sunday granted interim relief against arrest of actor Nawazuddin Siddiqui and three of his family members in connection with a molestation case filed by his estranged wife.
However, the third brother, Minazuddin, failed to get relief from the court as his petition was junked by a division bench of Justices Manoj Mishra and Sanjay Kumar Pachauri.
“However, considering that specific allegation of child abuse is against the petitioner no. 1 (Minajhuddin Siddiqi) only and the rest of the Petitioners have been implicated by levelling general allegation, we deem it appropriate to dispose of this writ petition by providing that in so far as the petitioner no. 2 (Faiyajuddin Siddiqi); petitioner no. 3 (Ayajuddin Siddiqi); petitioner no. 4 (Mehrunisha Siddiqi); and petitioner no. 5 (Nawajuddin Siddiqi) are concerned, the investigation shall continue and brought to its logical conclusion but they shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC, provided they co-operate in the investigation,” the justices noted.
The High Court observed that the allegations made in the FIR were essentially in two parts as per which the first part was in respect of the role of petitioner no. 1, which related to child abuse and the second part was in respect of the entire family of the petitioner no. 1 ganging against the informant. From the allegations, it also appears that respondent no. 4 (Aaliya) has taken a decision to take a divorce from petitioner no 5 (Nawazuddin Siddiqui), the Bench said.
Advocate Abhishek Yadav, who represented the petitioners submitted that the allegations were absolutely false and the impugned first information report has been lodged just to extract a favourable settlement from petitioner no. 5, who is a film actor.
The Court refused to quash the FIR, stating that “be that as it may, as the allegations would require investigation, the prayer of the petitioner to quash the first information report cannot be accepted, at this stage”.
Furthermore, the petition on behalf of petitioner no. 1 was dismissed without prejudice to his right to apply for bail/ anticipatory bail, as may be advised, it said.
An FIR was filed in Muzaffarnagar by Nawazuddin’s estranged wife against him and his family members, including three brothers – Fayazuddin, Minazuddin and Ayazuddin and mother Mehrunissa, accusing them of assaulting her as well molesting a minor child in the family.
The FIR was filed under the POCSO Act on July 27. In the complaint, Aaliya stated that Nawazuddin was in Mumbai at the time of the incident. Aaliya alleged that she informed her husband but no action was taken. Earlier this year, Aaliya had filed for divorce from Nawazuddin.