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As per the defense, Mohd. Fareed was allegedly lynched by a mob regarding which Zaki filed an FIR the following day. This FIR led to the arrest of the husband of the informant in the subsequent FIR
The Allahabad High Court on September 9, 2024, granted interim protection from arrest to Mohd Zaki, whose brother was reportedly lynched by a mob in Aligarh this past June.
The bench comprising Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra directed authorities to refrain from taking any coercive measures against Zaki.
The matter pertained to a contentious set of FIRs lodged in June 2024 regarding an incident that occurred on June 18, 2024, involving the death of the petitioner’s brother, Mohd. Fareed.
Mohd Zaki moved the high court challenging the first information report lodged on June 29, 2024 under Sections 395 (dacoity) and 354 (outraging the modesty of a woman) of the Indian Penal Code at Gandhi Park Police Station in Aligarh against him.
According to Zaki's counsel, Mohd. Fareed was allegedly lynched by a mob regarding which Zaki filed an FIR the following day. This FIR led to the arrest of the husband of the informant in the subsequent FIR.
Zaki's counsel argued that the FIR lodged against him on June 29, 2024, was filed with malicious intent. He pointed out that the June 29 FIR failed to acknowledge key facts, including the death of Mohd. Fareed and the post-mortem report dated June 19, 2024, which had been on record.
The counsel further contended that this latest FIR was a retaliatory action, meant to counter the original FIR filed against the husband of the informant.
In light of these circumstances, the court deemed the matter to require further consideration and issued notices to the respondents, including the State of Uttar Pradesh.
Court ordered the respondents to file counter affidavits within three weeks while directing that Zaki may submit a rejoinder affidavit two weeks thereafter.
Court listed the matter for further hearing after the completion of these formalities.
Until the next date of listing or the submission of the charge sheet, the high court ordered that no coercive action be taken against Zaki, provided that he cooperates fully with the ongoing investigation.
Case Title: Mohd Zaki v. State Of Up And 3 Others
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