Allahabad High Court orders probe against student who accused teacher of attempting conversion, establishing sexual relation

The Allahabad High Court recently ordered a police probe against a school student who last year had accused his teacher of trying to convert him to Christianity and pressuring him to have a sexual relationship with her [Principal St Aloysius High School Cantt Kanpur vs State of UP & 2 Others]..The division bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra passed the order after it was informed that an independent inquiry had revealed that the allegations had been made against the teacher to cover up certain actions of the student.The Court said the role of the child was required to be probed as he and his father - the informant in the case - could be liable for criminal prosecution in case the findings of the inquiry are found to be correct.“The Commissioner of Police, Kanpur is directed to transfer investigation to cyber cell which will submit a report if the child has created any fake account using mobile phone/I.D. of the lady teacher. The informant will hand over the original phone to the police,” the Court ordered..The order was passed after hearing a petition moved by the Principal of the Kanpur school. The Court was told that a First Information Report (FIR) in the matter was registered following an order of a Judicial Magistrate on the informant’s complaint.The child’s parent had claimed that when on September 30, 2023, he checked the mobile phone of his son, he found messages as per which the teacher was pressurising the boy to have sexual relations with her. A complaint was also filed with the Child Welfare Committee in this regard.Pertinently, the case had been widely covered by certain media outlets last year. Besides registration of the criminal case against the teacher, she was also reportedly suspended from the job..During the hearing of the Principal’s petition, the counsel representing him placed on record the report of an inquiry panel constituted by the school. The inquiry was conducted by three independent persons - a retired Provincial Civil Service officer, a Principal of another school and a school worker, the Court was told.The inquiry revealed that on the occasion of a dance competition, the mobile number of the concerned teacher was taken by the student and thereafter by making fake IDs using her mobile phone, he had started chatting on fake IDs and even started putting pressure on her. “When the matter was highlighted, the son of the informant started levelling allegation, of establishing sexual relationship with her teacher, which is without any basis,” the counsel representing the Principal submitted..The inquiry panel is also stated to have opined that even if the child was minor, he was also mentally strong and dominating over others.While ordering a probe against the student, the Court also noted that the Principal was not named in the FIR and there had been no direct allegation against him. “In fact he acted on the complaint of the informant by referring the matter to the Inquiry Committee, we find that matter requires consideration,” it added..Thus, the Court stayed the arrest of the petitioner and said no coercive action will be taken against him in the present case. While listing the matter for hearing on July 10, the Court issued notice to the State and other respondents and asked them to file a counter affidavit within four weeks..Advocates Gaurav Tripathi and Praveen Kumar Singh represented the petitioner.Additional Advocate General PK Giri represented the State.Advocate Prabodh Dubey also represented a respondent.[Read Order]