ALLAHABAD: The Allahabad Excessive Courtroom granted interim reduction in opposition to arrest of Bollywood actor Nawazuddin Siddiqui and three of his members of the family in reference to a molestation case filed by his estranged spouse Aaliya Siddiqui.
Nonetheless, the third brother, Minazuddin, didn't get reduction from the court docket as his petition was junked by a division bench of Justices Manoj Mishra and Sanjay Kumar Pachauri.
"Nonetheless, contemplating that particular allegation of kid abuse is in opposition to the petitioner no. 1 (Minajhuddin Siddiqi) solely and the remainder of the Petitioners have been implicated by levelling basic allegation, we deem it acceptable to get rid of this writ petition by offering that in as 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 involved, the investigation shall proceed and delivered to its logical conclusion however they shall not be arrested within the above case until submission of police report beneath Part 173 (2) CrPC, offered they co-operate within the investigation," the justices famous.
The Excessive Courtroom noticed that the allegations made within the FIR have been basically in two elements as per which the primary half was in respect of the function of petitioner no. 1, which associated to little one abuse and the second half was in respect of the whole household of the petitioner no. 1 ganging in opposition to the informant.
From the allegations, it additionally seems that respondent no. 4 (Aaliya) has taken a choice to take a divorce from petitioner no 5 (Nawazuddin Siddiqui), the Bench mentioned.
Advocate Abhishek Yadav, who represented the petitioners submitted that the allegations have been completely false and the impugned first data report has been lodged simply to extract a beneficial settlement from petitioner no. 5, who's a movie actor.
The Courtroom refused to quash the FIR, stating that "be that as it might, because the allegations would require investigation, the prayer of the petitioner to quash the primary data reportcannot be accepted, at this stage". Moreover, the petition on behalf of petitioner no. 1 was dismissed with out prejudice to his proper to use for bail/ anticipatory bail, as could also be suggested, it mentioned.
An FIR was filed in Muzaffarnagar by Nawazuddin's estranged spouse in opposition to him and his members of the family, together with three brothers -- Fayazuddin, Minazuddin and Ayazuddin and mom Mehrunissa, accusing them of assaulting her as effectively molesting a minor little one within the household.
The FIR was filed beneath the POCSO Act on July 27.
Within the criticism, Aaliya acknowledged that Nawazuddin was in Mumbai on the time of the incident. Aaliya alleged that she knowledgeable her husband however no motion was taken. Earlier this 12 months, Aaliya had filed for divorce from Nawazuddin.
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