Allahabad High Court Weekly Round-Up: December 5 To December 11, 2022

Dist. Bar Association Amethi, Thru. Its General Secretary v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 6 Others 2022 LiveLaw (AB) 518

Pushpendra Chauhan vs. State of UP 2022 LiveLaw (AB) 519

Vijay Gupta v. State Of U.P. Thru.Addl.Chief Secy.Basic Education Lko. And ors along with connected matters 2022 LiveLaw (AB) 520

Dinesh Pratap Singh v. State Of U.P. Thru. Prin. Secy. Home, Govt. Lko. 2022 LiveLaw (AB) 521

Anil vs. State of UP 2022 LiveLaw (AB) 522

X (victim) vs. State Of U.P. And 6 Others 2022 LiveLaw (AB) 523

ORDERS/JUDGMENTS OF THE WEEK

Allahabad HC Disapproves Of Govt Admin's Act Of Demolishing Lawyer's House In 'Undue Haste', Filing FIRs Against Bar Members

Case Title - Dist. Bar Association Amethi, Thru. Its General Secretary v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 6 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 828 of 2022]

Case Citation: 2022 LiveLaw (AB) 518

The Allahabad High Court rapped the Amethi District Administration for their act of filing successive FIRs and demolishing the buildings owned by the Members of the District Bar Association without serving them any notice.

"Lodging of the FIRs, undertaking demolitions and even making the complaint to the Bar Council of U.P. against the President and formal office bearers and members of the petitioner-Bar Association…in a span of less than a week shows not only undue haste on the part of the District Administration but such actions also demonstrate lack of good faith on the part of the authorities of District Administration," the bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Srivastava remarked.

Even If Consent Is Presumed Willingness Was Absent As Per Minor's Medical Examination: Allahabad HC Denies Bail To Rape Accused

Case title - Pushpendra Chauhan vs. State of UP [CRIMINAL MISC. BAIL APPLICATION No. - 27563 of 2020]

Case Citation: 2022 LiveLaw (AB) 519

Taking into account the definition of 'rape' as per Section 375 of IPC, the Allahabad High Court recently observed that the offence of rape is made out even if there was consent on the part of the victim, however, willingness was absent.

It may be noted that sexual intercourse under 7 circumstances falling under Section 375 Of IPC can constitute rape and such circumstances are independent of each other, meaning thereby, even if one of the seven conditions is met, an act may amount to rape.

Allahabad HC Grants Relief To Assistant Teachers Candidates Whose Recruitment Was Cancelled Due To Application Form Discrepancy

Case title - Vijay Gupta v. State Of U.P. Thru.Addl.Chief Secy.Basic Education Lko. And ors along with connected matters

Case Citation: 2022 LiveLaw (AB) 520

The Allahabad High Court granted relief to certain candidates who participated in the process of recruitment of 69000 Assistant Teachers in Primary Schools but their candidature was canceled by UP Goverment due to discrepancies/errors mentioned in the application form relating to "Shiksha Mitra".

The bench of Justice Om Prakash Shukla observed that in case a candidate furnishes some information in his/her online application form by way of which, he/she put himself in a disadvantaged position, his candidature will not stand cancelled.

"Political Activists Have A Right To Protest Against Administration": Allahabad HC Quashes Case Against UP Minister

Case title - Dinesh Pratap Singh v. State Of U.P. Thru. Prin. Secy. Home, Govt. Lko. [APPLICATION U/S 482 No. - 7859 of 2022]

Case Citation: 2022 LiveLaw (AB) 521

"In a democracy based on adult franchise, the political activist and other public-spirited persons would have right of protest against the Administration by staging Dharana etc. against perceived discrimination/atrocities, inaction, omission or commission of the State Authorities," the Allahabad High Court observed as it quashed a 2013 criminal case filed against the sitting minister in Uttar Pradesh Government and BJP MLA, Dinesh Pratap Singh.

The bench of Justice Dinesh Kumar Singh also took into account the fact that the state government has already granted permission to withdraw from prosecution and pursuant to which application under Section 321 CrPC has already been filed before the court where the case is pending since 2013.

Can't Place Reverse Burden On Accused U/S 106 Evidence Act If Prosecution Hasn't Discharged Its Burden First: Allahabad HC

Case title – Anil vs. State of UP [CRIMINAL APPEAL No. - 703 of 2017]

Case Citation: 2022 LiveLaw (AB) 522

The Allahabad High Court observed that no reverse burden could be placed on the accused with the aid of Section 106 of the Indian Evidence Act [Burden of proving fact especially within knowledge] when the prosecution has not discharged its burden first.

With this, the bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi set aside the conviction and life imprisonment sentence awarded to one Anil for allegedly killing his wife in June 2013.

Minor Rape Case | Allahabad HC Orders Disciplinary Actions Against Cop For Absolving Accused Of Charges During Probe

Case title - X (victim) vs. State Of U.P. And 6 Others [CRIMINAL MISC. WRIT PETITION No. - 13325 of 2022]

Case Citation: 2022 LiveLaw (AB) 523

The Allahabad High Court recently directed the State's Director General of Police (DGP) to initiate disciplinary proceedings against a police officer for deliberately and wilfully trying to ensure that the accused in a minor's rape case, are absolved of charges during the investigation.

The bench of Justice Suneet Kumar and Justice Syed Waiz Mian further noted that the cop adorned upon himself the role of an investigating officer, as well, as of a Court, and threw the Indian Evidence Act to the wind by arriving at a conclusion that the statement of the minor victim was perse, false.