Allahabad HC grants interim protection from arrest to Mohd Shami's brother in FIR over alleged sex on false marriage promise

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Published 3 November 2026

Case: Mohd Hasib v. State of U.P.
Court: Allahabad High Court
Source: LiveLaw

Bottom Line Up Front (BLUF)

In Mohd Hasib v. State of U.P., the Allahabad High Court granted interim protection from arrest to Mohd Hasib, brother of cricketer Mohd Shami, in an FIR alleging sex on the false promise of marriage. The State informed the court that the Investigating Officer recommended transferring the FIR to Delhi, as the main allegations pertained to that city.

Ratio Decidendi · Legal Principle Established

The court granted interim protection from arrest, considering the State's submission that the Investigating Officer had recommended transferring the FIR to another jurisdiction where the primary allegations arose.

Practice & Procedural Impact for Advocates

Advocates should consider jurisdictional challenges and the possibility of FIR transfer when defending clients. Litigants facing similar allegations may seek interim protection if the primary situs of the alleged offence is outside the registering police station's jurisdiction.

Key Legal Takeaways

1Interim protection from arrest can be granted by the High Court.
2Jurisdictional issues can lead to the transfer of an FIR.
3The Investigating Officer's recommendation for transfer can influence court decisions on interim relief.

The Legal Issue Mohd Hasib, brother of cricketer Mohd Shami, sought interim protection from arrest in connection with an FIR lodged against him. The FIR alleged that he had engaged in sexual relations with the complainant under the false promise of marriage. The matter came before the Allahabad High Court.

Court's Reasoning The Allahabad High Court considered the submissions made by the State. The State informed the court that the Investigating Officer (IO) handling the case had recommended transferring the First Information Report (FIR) to Delhi. This recommendation was based on the assessment that the main allegations contained within the FIR pertained to incidents that occurred in Delhi, rather than within the jurisdiction where the FIR was initially registered. Taking this submission into account, the High Court decided to grant interim protection from arrest to Mohd Hasib.

What Follows The Allahabad High Court granted interim protection from arrest to Mohd Hasib. The court noted the State's submission regarding the IO's recommendation to transfer the FIR to Delhi. The proceedings will likely continue with the jurisdictional aspect being addressed, potentially leading to the transfer of the investigation to the appropriate police station in Delhi.