Allahabad High Court Weekly Round Up: June 6 To June 12, 2022

Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279

Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280

Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281

Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282

Basharat Ullah v. State Of U.P. And 6 Others 2022 LiveLaw (AB) 283

Jagveer Vs. State Of U.P. And Another 2022 LiveLaw (AB) 284

Wali Hassan v. State of U.P. 2022 LiveLaw (AB) 285

Up Judicial Services Association Thru. Its Secy. General Harendra Bahadur Singh And 39 Others v. State Of Up Thru. Its Add. Chief Secy. Deptt. Of Appointment Civil Secrtt. Lko And Another 2022 LiveLaw (AB) 286

Ravi Pratap Mishra v. State of U.P. and others 2022 LiveLaw (AB) 287

Neeraj Chaturvedi v. Central Bank Of India, Human Resource Deptt. Thru.General Manager And 2 Others 2022 LiveLaw (AB) 288

Rameshwar And Another v. State of U.P. and Another 2022 LiveLaw (AB) 289

Mohit Preet Kapoor v. Sumit Kapoor 2022 LiveLaw (AB) 290

Judgments/Orders of the Week

UP Jal Nigam Recruitment Scam | Allahabad HC Quashes Criminal Proceedings Against SP Leader Azam Khan's Co-Accused

Case title - Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko.

Citation: 2022 LiveLaw (AB) 279

The Allahabad High Court quashed criminal proceedings against an accused (Bhavesh Jain) in the 2016 Uttar Pradesh Jal Nigam recruitment scam case.

The Bench of Justice Vikas Kunvar Srivastav noted that the complaint and the charge sheet submitted against the accused, a software engineer, did not disclose the commission of any cognizable offence under the relevant sections of the I.P.C.

Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

Case title - Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow [CRIMINAL REVISION No. - 588 of 2022]

Citation: 2022 LiveLaw (AB) 280

The High Court observed that the trial court has the power to allow the prosecution to produce the certificates under Section 65-B (4) of the Indian Evidence Act at a later point of time during the trial.

The Bench of Justice Dinesh Kumar Singh observed thus as it upheld the order of the trial court allowing an application filed by the prosecution under section 311 CrPC to bring on record two certificates under section 65-B of the Indian Evidence Act, 1872 as they were not filed in property form during the filming of the charge sheet.

It may be noted that Section 65B(4) of the Indian Evidence Act requires the production of a certificate for leading secondary evidence of an electronic record. This provision aims to sanctify secondary evidence in electronic form, generated by a computer.

Allahabad HC Explains Ingredients To Constitute Offence U/S 308 IPC [Attempt To Commit Culpable Homicide Not Amounting To Murder]

Case title - Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another [CRIMINAL REVISION No. - 584 of 2022]

Citation: 2022 LiveLaw (AB) 281

In an order passed in a criminal revision, the High Court explained the essential ingredients to constitute an offence punishable under Section 308 IPC [attempt to commit culpable homicide not amounting to murder].

Matrimonial Case Should Be Quashed If Husband-Wife Have Resolved Dispute Through Compromise Deed Duly Verified By Court: Allahabad HC

Case title - Ram Pravesh And 3 Other v. State of U.P. and Another [APPLICATION U/S 482 No. - 650 of 2022]

Citation: 2022 LiveLaw (AB) 282

The High Court observed that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themself through a compromise deed duly filed and verified by the Court.

The Bench of Justice Chandra Kumar Rai observed thus as it quashed criminal proceedings initiated by an FIR lodged by the wife against the husband and his family members under Sections 498-A, 323 IPC, and Section 3/4 of D.P. Act

'Deplorable' That Public Representatives Compel Govt Servants To Pass Illegal Orders And They Do So: Allahabad High Court

Case title - Basharat Ullah v. State Of U.P. And 6 Others [WRIT - A No. - 1959 of 2022]

Citation: 2022 LiveLaw (AB) 283

"It is deplorable that the representative of the public compel the public servant to pass illegal orders and the public servant comply their illegal dictates without any demur," observed the High Court in one of its orders.

The Bench of Justice Siddharth made this stern remark while allowing a plea filed by one Basrat Ullah challenging an order passed by Special Secretary, UP Govt removing him as the Principal of Madarsa Darul Uloom Ahle Sunnat Badrool Uloom at District Basti.

Once Magistrate Takes Cognizance Of Offences He Can't Review His Own Order & Drop/Withdraw Section(s): Allahabad High Court

Case title - Jagveer Vs. State Of U.P. And Another [CRIMINAL MISC. WRIT PETITION No. - 718 of 2006]

Case Citation: 2022 LiveLaw (AB) 284

The High Court observed that once the Magistrate has taken cognizance for offences under certain sections/offences, it has no power to review its own order for dropping section(s) from the cognizance order.

The Bench of Justice Raj Beer Singh observed thus as it upheld an order of the magistrate rejecting an application filed by the accused/petitioner to withdraw cognizance order in connection with one of the offences of the charge sheet (on which the magistrate had earlier taken cognizance).

[NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail

Case title - Wali Hassan v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18303 of 2020]

Citation: 2022 LiveLaw (AB) 285

The High Court granted conditional bail to an NDPS Accused Wali Hasan, accused of smuggling 201 kg of ganja in view of the fact that the sampling of the Ganja was not done as per the Standing Order/Instruction No.1 of 1989.

The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned.

Allahabad HC Dismisses Plea Of Judicial Officers Having Less Than 3 Years Of Service To Appear For UPHJS Eligibility Test 2020

Case title - Up Judicial Services Association Thru. Its Secy. General Harendra Bahadur Singh And 39 Others v. State Of Up Thru. Its Add. Chief Secy. Deptt. Of Appointment Civil Secrtt. Lko And Another

Citation: 2022 LiveLaw (AB) 286

The High Court dismissed a petition filed by UP Judicial Services Association along with some of the judicial officers (having less than 3 years of experience as of December 31, 2021) seeking a direction allowing them to appear for the suitability test 2020 for promotion to UP Higher Judicial Services.

The Bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed that the High Court committee's decision to include the names of only those judges who have completed three years in service can't be interfered with by the Court in its Writ jurisdiction.

Advertising Vacancy In Newspaper Having Less Circulation Violates Fundamental Rights Of Prospective Candidates: Allahabad High Court

Case title - Ravi Pratap Mishra v. State of U.P. and others [SPECIAL APPEAL No. - 289 of 2022]

Citation: 2022 LiveLaw (AB) 287

The High Court observed that failure to properly advertise vacant posts is a violation of the fundamental right of the prospective/potential candidates and is also unfair to such candidates. The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir issued this order.

Essentially, one Ravi Pratap Mishra had moved before the single judge stating that he was appointed as a clerk in a school, however, Mishra the District Inspector Of School had refused to sanction his appointment as a clerk on the ground that the advertisement clerical recruitment had been published in a newspaper having less circulation in the concerned area.

Allahabad High Court Quashes Order Transferring A Nationalised Bank Employee Whose Wife Is Having 100% Disability

Case title - Neeraj Chaturvedi v. Central Bank Of India, Human Resource Deptt. Thru.General Manager And 2 Others [WRIT - A No. - 3793 of 2022]

Case citation: 2022 LiveLaw (AB) 288

The High Court quashed an order transferring an employee of the Central Bank of India from one place to another as it noted that his wife is a permanently disabled person having 100% disability.

The Bench of Justice Rajesh Singh Chauhan noted that as the husband (employee) is the caregiver of her wife [as defined under Section 2 (d) of the Rights of Persons with Disabilities Act, 2016], therefore, as per the bank's transfer policy, he shall be exempted from routine/ rotational transfer.

Object Of Engrafting Section 319 CrPC Is To Not Allow A Person Who Deserves To Be Tried To Go Scot-Free: Allahabad High Court

Case title - Rameshwar And Another v. State of U.P. and Another [CRIMINAL REVISION No. - 2173 of 2022]

Citation: 2022 LiveLaw (AB) 289

Explaining the scope and power of the court under Section 319 CrPC, the High Court observed that this provision allows the court to summon those persons who are not named in the charge sheet to appear and face trial (in certain circumstances).

The Bench of Justice Vikas Budhwar observed that the very object of engrafting section 319 Cr.P.C. is to not allow a person who deserves to be tried to go scot-free.

No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court

Case title - Mohit Preet Kapoor v. Sumit Kapoor [FIRST APPEAL No. - 351 of 2020]

Case citation: 2022 LiveLaw (AB) 290

The High Court observed that the act of the wife in visiting her parents house frequently without taking consent of her husband and other family members can neither constitute the offence of desertion nor amounts to cruelty.

The Bench of Justice Sunita Agarwal and Justice Krishan Pahal observed thus as it allowed an appeal filed by the Appellant/wife challenging the judgment and order passed by the Additional Principal Judge, Family Court, Bareilly under Section 13 of the Hindu Marriage Act granting divorce decree in favor of the husband.

Other updates from the High Court

Allahabad High Court Takes Cognizance Of Pendency Of Cases In UP Revenue Courts, Seeks Response Of UP Govt, State Bar Council

The High Court took cognizance of the issue of pendency of cases in revenue courts of Uttar Pradesh and has sought the response of the Uttar Pradesh government and the state bar council over the steps taken by them to ameliorate and ease the grave situation.

The Bench of Justice Jaspreet Singh has sought the responses of the Chief Secretary (Revenue), State of U.P., Chairman, Board of Revenue at Prayagraj and Lucknow, Principal Secretary (Law), State of U.P., and Chairman, Bar Council of Uttar Pradesh and has posted the matter for further hearing on August 3.

Each And Every Sanitary Worker Should Be Told About Their Rights & Entitlements In UP: Allahabad HC Directs UP Govt

In a significant order, the High Court directed the Uttar Pradesh Government to hand over every sanitary worker a printed pamphlet enlisting their rights and entitlements.

In this regard, the Bench of Justice Chandra Kumar Rai and Justice Manoj Kumar Gupta has asked the State Government to prepare a brief one-page pamphlet specifying the rights and entitlements of the sanitary workers and publish the same in the newspapers.