NOMINAL INDEX Gyan Prakash Singh vs. State of U.P. and others 2023 LiveLaw (AB) 1 Ghanshyam Pandit vs. State of U.P. 2023 LiveLaw (AB) 2 Bablu @ Jitendra And Another vs. State of U.P 2023 LiveLaw (AB) 3 Ajeet Singh Constable vs. State Of U.P. And Anr 2023 LiveLaw (AB) 4 Zahid Khatoon vs. Nurul Haque Khan 2023 LiveLaw (AB) 5 Ravi Kumar vs. State Of U P And 2 Others...
NOMINAL INDEX
Gyan Prakash Singh vs. State of U.P. and others 2023 LiveLaw (AB) 1
Ghanshyam Pandit vs. State of U.P. 2023 LiveLaw (AB) 2
Bablu @ Jitendra And Another vs. State of U.P 2023 LiveLaw (AB) 3
Ajeet Singh Constable vs. State Of U.P. And Anr 2023 LiveLaw (AB) 4
Zahid Khatoon vs. Nurul Haque Khan 2023 LiveLaw (AB) 5
Ravi Kumar vs. State Of U P And 2 Others 2023 LiveLaw (AB) 6
Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. 2023 LiveLaw (AB) 7
Pintu Kumar vs. State of U.P 2023 LiveLaw (AB) 8
Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors 2023 LiveLaw (AB) 9
Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others 2023 LiveLaw (AB) 10
Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another 2023 LiveLaw (AB) 11
Kailash vs. State of U.P along with a connected appeal 2023 LiveLaw (AB) 12
Paras Prasad vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 13
Mokhtar Ansari vs. State of U.P 2023 LiveLaw (AB) 14
Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors. 2023 LiveLaw (AB) 15
Asif Khaliq vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 16
Saumitra Anand and others vs. High Court of Judicature at Allahabad and others 2023 LiveLaw (AB) 17
Neelam Devi vs. State of U.P. 2023 LiveLaw (AB) 18
Adarsh Bhushan vs. State of U.P 2023 LiveLaw (AB) 19
Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy./Addl.Chief Secy. Home And Another 2023 LiveLaw (AB) 20
Anand Shankar Pandey And 2 Others vs. State Of U.P And Another 2023 LiveLaw (AB) 21
Bhanu Pratap Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 22
Sanni @ Nitish @ Nitish Agrahari And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others 2023 LiveLaw (AB) 23
Nafisa And 4 Others vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 24
State of U.P. vs. Mukhtar Ansari S/O Subhan Ullah Ansari 2023 LiveLaw (AB) 25
Manjeet Alias Pintoo vs. State of U.P. 2023 LiveLaw (AB) 26
Vijay Masih (Pastor) vs. State Of UP 2023 LiveLaw (AB) 27
Sidhique Kappan vs. State Of U.P. Thru. Prin. Secy. Home Lko 2023 LiveLaw (AB) 28
Madan Mohan Saxena vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 29
Nizamuddin Khan vs. State of U.P. 2023 LiveLaw (AB) 30
Digvijay Chaube vs. State of U.P. 2023 LiveLaw (AB) 31
Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 32
Mohd. Aslam vs. State of U.P 2023 LiveLaw (AB) 33
Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 34
Sajid @ Sajid Pardhan vs. State of U.P. 2023 LiveLaw (AB) 35
Mohammad Azam Khan vs. State of U.P. and Another 2023 LiveLaw (AB) 36
Krishna Kumar (As Per Fir And The Charge Sheet Krishna Kumar Naayi ) And Others vs. State Of U.P. Thru.Prin.Secy.Home And 3 Others 2023 LiveLaw (AB) 37
Lokendra Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 38
Dr.Priyanka Garg vs. State Of U.P.Thru.Addl.Chief Secy./Prin.Secy.Medical And Ors. 2023 LiveLaw (AB) 39
Ramji Prasad And 4 Others vs. State of U.P. and Another 2023 LiveLaw (AB) 40
Nandini Sachan vs. State of U.P. and Another 2023 LiveLaw (AB) 41
Rajnish Chaurasia Alias Rajnesh Chaurasia vs. State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another 2023 LiveLaw (AB) 42
Javed Mohammad @ Pump vs. State of U.P. 2023 LiveLaw (AB) 43
ORDERS/JUDGMENTS
Case title - Gyan Prakash Singh vs. State of U.P. and others [WRIT - A No. - 8892 of 2022]
Case Citation: 2023 LiveLaw (AB) 1
Noting that there is always a presumption about the correctness of an exam answer key, the Allahabad High Court observed that in the event of doubt over the correctness of an answer key, the benefit should go to the examination authority rather than to the candidate.
With this, the bench of Justice J. J. Munir dismissed a writ plea of one Gyan Prakash Singh challenging his non-selection as an Assistant Professor (Chemistry) to aided nongovernment colleges, engaged in imparting higher education, in the competitive exam conducted by the UP Higher Education Service Commission (UPHESC).
Case title - Ghanshyam Pandit vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42581 of 2022]
Case Citation: 2023 LiveLaw (AB) 2
The Allahabad High Court directed the National Medical Commission (erstwhile Medical Council of India) to conduct an inquiry into the conduct of two doctors after prima facie finding that they prepared a false medical report in collusion with the injured person, so as to cause wrongful harm to the accused persons.
The bench of Justice Subhash Vidyarthi ordered an inquiry into the conduct of the Doctors (Lalit Kaushik and Imran) working with V-Bros Hospitals, Saharanpur after noting that the report prepared by them regarding the injury sustained by the injured person was inherently improbable.
Case title - Bablu @ Jitendra And Another vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021]
Case Citation: 2023 LiveLaw (AB) 3
The Allahabad High Court took exception to a judgment delivered by Sessions Court, Kanpur Dehat in which the rape victim’s name was mentioned and said that the Judge should be careful while dealing with such matters in the future.
The bench of Justice Samit Gopal said it is well established that in cases like the present one, the name of the victim is not to be mentioned in any proceeding.
“Before parting with the case it is necessary to mention that despite Section 228-A of the Indian Penal Code, 1860, various judgments of the Apex Court and High Courts of not disclosing the name of the victim of offence of rape, the trial court has specifically mentioned the name of the victim/prosecutrix while recording her evidence in court and at various places in the impugned judgment. Despite various reminders by the Apex Court about it, the trial court appears to have been ignorant about it,” the Court remarked in its order.
Case title - Ajeet Singh Constable vs. State Of U.P. And Anr [CRIMINAL APPEAL No. - 7478 of 2018]
Case Citation: 2023 LiveLaw (AB) 4
The Allahabad High Court acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case.
The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of the victim and hence, the trial court was not justified in returning the finding of guilt against the accused-appellant.
Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022]
Case Citation: 2023 LiveLaw (AB) 5
The Allahabad High Court has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the ‘Iddat’ period, but for the rest of her life until she remarries.
The bench of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi observed thus while setting aside an order of the family court wherein a divorced Muslim woman was found entitled to maintenance only for the period of iddat.
WEEKLY UPDATES
Case title - In Re Of The Honble High Court vs. Bharat Singh (Advocate) [CONTEMPT APPLICATION (CRIMINAL) No. - 11 of 2022]
The Allahabad High Court has debarred an advocate, who misbehaved, insulted, and abused a lady judge posted in a court under the Bulandshahr Judgeship, from practicing law before the UP Courts. The Court has also ordered him to appear in person before HC on January 12.
The Bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad passed this order on Monday while dealing with a suo moto criminal contempt proceedings initiated by the HC on the reference made to it by the lady Judicial Officer posted at the outlying court at Khurja of Bulandshahr Judgeship.
Case title - Nar Singh And Others vs. State Of U.P.And Others [WRIT - C No. - 37500 of 1999]
Taking exception to the delay in the arrival of files to the Courts from the office of the Chief Standing Counsel, the Allahabad High Court directed the Principal Secretary (Law) & LR, UP Govt to introduce the biometric system in the office of CSC, Allahabad within two weeks so as to ensure that the office employees reach in time.
The bench of Justice Rohit Ranjan Agarwal ordered thus while hearing a writ plea wherein the Standing Counsel appearing for the State made prayer for adjourning the matter on the ground that his file has not come from the CSC's office.
Case title - Yogendra Kumar Sagar And Others vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Edu. Lko. And Others [WRIT - A No. - 8966 of 2022]
The Allahabad High Court has directed the state government that until further orders, it shall not stop the salary of its employees only on the ground that they have not opted for National Pension System.
The bench of Justice Pankaj Bhatia passed this order on Tuesday while dealing with a writ plea moved by certain state employees (Yogendra Kumar Sagar and others) challenging the state government’s notification for mandatory joining of the National Pension System.
Case title - Ravi Kumar vs. State Of U P And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 15459 of 2022]
Case Citation: 2023 LiveLaw (AB) 6
The Allahabad High Court took an exception to the ‘fashion’ of making irresponsible insinuations about the judiciary or its officers and observed that this unholy practice has to be whole-heartedly discouraged and deplored by every responsible person in society.
The Court also said that we are presently living in a democracy in its ugliest form, where nobody has got any regard for any institution.
Case title - Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. [CRIMINAL REVISION No. - 604 of 2019]
Case Citation: 2023 LiveLaw (AB) 7
The Allahabad High Court set aside a 'non speaking' order of the trial court dismissing the discharge plea moved by the Principal and PT Teacher of a Lucknow-based School in a case registered against them under Section 305 IPC for allegedly abetting the suicide of a 12th Student by giving him corporal punishment.
In its January 6 order, the bench of Justice Brij Raj Singh noted that the trial court, while dismissing the discharge plea, had not examined the facts of the case coupled with the requirement of offences under Section 107 (Abetment of a thing), 305 (Abetment of suicide of child or insane person) IPC and Section 227 (Discharge) CrPC.
Case title - Pintu Kumar vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 37170 of 2022]
Case Citation: 2023 LiveLaw (AB) 8
The Allahabad High Court denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her.
“Such criminal tendencies growing in the society must be nipped in the bud to convey a strong message to the culprits in the society,” the bench of Justice Saroj Yadav observed as it called the alleged offence, a ‘serious’ one.
Case title - Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors [SPECIAL APPEAL DEFECTIVE No. - 2 of 2018]
Case Citation: 2023 LiveLaw (AB) 9
The Allahabad High Court observed that the employees of a private educational institution do not have the right to invoke the writ powers of the High Court in respect of matters relating to service where they are not governed or controlled by the statutory provisions.
The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi observed thus while denying relief to the petitioner, one Devesh Verma, who was removed from the post of Lecturer in Christ Church College, Lucknow in July 1992 after he misbehaved with the college principal.
Case title - Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 9 of 2023]
Case Citation: 2023 LiveLaw (AB) 10
The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR.
The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted that such a prayer need not be addressed in a public interest litigation.
Case title - Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another [APPLICATION U/S 482 No. - 26037 of 2022]
Case Citation: 2023 LiveLaw (AB) 11
The Allahabad High Court has observed that a Magistrate’s order, rejecting an application under Section 156(3) CrPC or converting it into a complaint, is not an interlocutory order and the aggrieved party can prefer revision against it under Section 397 CrPC.
The court also added that such an order of the magistrate cannot be challenged in a plea moved under Section 482 CrPC as an alternative remedy of filing a revision under section 397 CrPC is available to the aggrieved party.
Case title - Kailash vs. State of U.P along with a connected appeal
Case Citation: 2023 LiveLaw (AB) 12
The Allahabad High Court upheld the conviction and life sentence awarded to two men for killing a man with a country-made pistol in the year 2005.
The court said that the act of the accused carrying a firearm weapon at the place of occurrence was itself indicative of their intention to cause death or such injury as is likely to cause death.
The bench of Justice Suneet Kumar and Justice Vikram D. Chauhan also noted that the nature of the injury and the body part, where the injuries were sustained, indicated that the Accused-Appellant fired on the deceased with the intention of causing injury as is likely to cause death or the injuries were sufficient in the ordinary course of nature to cause death.
Case title – Paras Prasad vs. State Of U.P. And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 2306 of 2022]
Case Citation: 2023 LiveLaw (AB) 13
The Allahabad High Court disposed of a Public Interest Litigation (PIL) plea concerning losses of crops of farmers due to the movement of wild boar and blue bull by noting that the Government is seized of the matter.
The bench of Justice Manoj Misra and Justice Vikas Budhwar noted that the Government is seized of the matter and is taking steps to minimize the losses, and hence, it was not necessary to monitor the matter at this stage.
Case title - Mokhtar Ansari vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 11290 of 2022]
Case Citation: 2023 LiveLaw (AB) 14
The Allahabad High Court denied bail to the former UP MLA Mukhtar Ansari in connection with a case under UP Gangster Act registered in 2020 while considering the allegations and his rich criminal horoscope.
Observing that if Ansari is not a gangster, then in this country no one can be said to be a gangster, the bench of Justice Dinesh Kumar Singh said that he and his gang members accumulated enormous wealth by striking fear and terror in the minds and hearts of the people and his freedom would be in peril of the law-abiding citizens of this Court.
Case Title: Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors.
Citation: 2023 LiveLaw (AB) 15
The High Court of Allahabad Bench comprising of Justice Sunita Agarwal and Justice Vipin Chandra Dixit, while adjudicating a petition filed in Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors., has held that approval of a resolution plan under Section 31 of the IBC, does not ipso facto absolve the surety/guarantor of the Corporate Debtor of his or her liability, which arises out of an independent contract of guarantee.
Case title - Asif Khaliq vs. State Of U.P. And 2 Others [WRIT - C No. - 16263 of 2022]
Case Citation: 2023 LiveLaw (AB) 16
The Allahabad High Court imposed a ₹1 lakh cost on a man who filed a writ petition making false averments and suppressing material facts.
The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji directed the petitioner (Asif Khaliq) to deposit the cost with the High Court Legal Services Committee within two weeks.
Case title - Saumitra Anand and others vs. High Court of Judicature at Allahabad and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1891 of 2020]
Case Citation: 2023 LiveLaw (AB) 17
The Allahabad High Court said that the issue regarding the rational use of paper in all judicial filings in all Courts/judicial forums in the State of UP is engaging the attention of the Court on the administrative size.
The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir said so while dismissing a Public Interest Litigation (PIL) plea, inter alia, urging for use of double-printed A4 paper in courts. The Court has, however, welcomed the petitioners to submit suggestions in this regard.
Case title - Neelam Devi vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 29318 of 2022]
Case Citation: 2023 LiveLaw (AB) 18
The Allahabad High Court has observed that at the stage of bail, it is only to be seen whether provisions of Section 50 of the NDPS Act have been prima facie complied with or not and it cannot be precisely ascertained whether compliance with Section 50 of the NDPS Act had been substantially made or not, as the same can only be ascertained during the trial.
The bench of Justice Sameer Jain observed thus while dealing with the plea of an NDPS Accused seeking bail on the ground that at the time of search and recovery, the mandatory provisions of Section 50 of the NDPS Act were not complied with.
Case title - Adarsh Bhushan vs. State of U.P [PUBLIC INTEREST LITIGATION (PIL) No. - 576 of 2020]
Case Citation: 2023 LiveLaw (AB) 19
The Allahabad High Court directed the private schools to adjust/pay back the excess money (15% of the total fee) that was charged from students during the COVID Pandemic period (2020-21 session).
The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered thus while hearing a bunch of petitions filed by aggrieved parents from all over the State seeking regulation of fees in all government and private schools in Uttar Pradesh.
Case title - Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy./Addl.Chief Secy. Home And Another [APPLICATION U/S 482 No.42 of 2023]
Case Citation: 2023 LiveLaw (AB) 20
The Allahabad High Court upheld the Sultanpur Court's order rejecting Delhi CM Arvind Kejriwal's discharge plea filed in connection with a 2014 case registered against him allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP".
The bench of Justice Rajesh Singh Chauhan said that it appeared that Kejriwal is threatening the voters in the name of Khuda knowing fully well that if he uses the term ‘Khuda’, some set of voters belonging to different religions might have severely been influenced.
Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
Case title - Anand Shankar Pandey And 2 Others vs. State Of U.P And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8536 of 2022]
Case Citation: 2023 LiveLaw (AB) 21
The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail.
The bench of Justice Manju Rani Chauhan observed thus while denying anticipatory bail to three persons (father-in-law, mother-in-law, and wife of the deceased) accused of abetting the suicide of a man.
Case title - Bhanu Pratap Singh vs. State Of U.P. And 2 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12343 of 2022]
Case Citation: 2023 LiveLaw (AB) 22
The Allahabad High Court denied anticipatory bail to a man accused of luring 90 Hindus to convert to Christianity by putting them under undue influence, coercion by playing fraud, and promise of easy money, etc.
Stressing that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only, the bench of Justice Jyotsna Sharma denied the relief as it did not find any good ground to grant anticipatory bail to the accused.
Case title - Sanni @ Nitish @ Nitish Agrahari And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [APPLICATION U/S 482 No. - 24 of 2023]
Case Citation: 2023 LiveLaw (AB) 23
The Allahabad High Court on Tuesday refused to quash proceedings against the accused persons in an attempt to murder case on the basis of a compromise between the accused and the injured victims as it called the offence 'against the society'.
The bench of Justice Subhash Vidyarthi observed that the crime was against the society and not against the injured sons of the informant alone and, therefore, the informant and his sons have no authority to pardon the accused persons.
"The acts allegedly committed by the petitioners (accused persons) involve firing gun shots in broad day light hitting two persons in their chests and such offence is a very serious offence and the material on record, namely, the medico-legal examination report of the injured persons and the statements recorded during investigation, fully support the FIR allegations," the Court remarked as it dismissed a Section 482 CrPC plea moved by the accused.
Case title - Nafisa And 4 Others vs. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No.-14344/2022]
Case Citation: 2023 LiveLaw (AB) 24
The Allahabad High Court refused to quash FIR against and stay the arrest of the 5 women members of the alleged 'Nafisa Gang' which is allegedly involved in filing false rape/SC-ST Act cases against innocent persons for the purpose of extracting money.
The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar observed that a prima facie case is made out against the petitioners, which requires a detailed investigation to be carried out by the Authorities.
Case title - State of U.P. vs. Mukhtar Ansari S/O Subhan Ullah Ansari [APPLICATION U/S 482 No. - 903 of 2023]
Case Citation: 2023 LiveLaw (AB) 25
The Allahabad High Court has set aside the March 2022 order of a Trial Court in UP's Ghazipur directing the SSP of Banda District Jail to grant 'Superior Class' in prison to 'known gangster' and former UP MLA Mukhtar Ansari.
Calling Ansari a dreaded criminal and a bahubali, the bench of Justice Dinesh Kumar Singh found the order of the First Additional Sessions Judge/Special Judge, MP/MLA, Ghazipur as not only without jurisdiction but also unsustainable on merits. Consequently, the order of the Ghazipur was set aside.
Case title - Manjeet Alias Pintoo vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 59616 of 2022]
Case Citation: 2023 LiveLaw (AB) 26
The Allahabad High Court directed the Secretary, Uttar Pradesh State Legal Services Authority to ensure compliance of its 2022 order in the case of 'Anil Gaur @ Sonu @ Sonu Tomar v. State of U.P. 2022 LiveLaw (AB) 435' wherein it issued several positive directions for the State regarding providing access to legal aid to undertrials.
The bench of Justice Ajay Bhanot was prompted to pass this order while hearing the bail plea of a kidnapping accused who remained in jail as he did not have access to legal aid as he belong to the economically poor strata of society.
Allahabad High Court Grants Bail To A Pastor Accused Of Luring 90 Hindus To Convert To Christianity
Case title - Vijay Masih (Pastor) vs. State Of UP [CRIMINAL MISC. BAIL APPLICATION No. - 57506 of 2022]
Case Citation: 2023 LiveLaw (AB) 27
The Allahabad High Court granted bail to a pastor who has been accused of luring 90 Hindus to convert to Christianity by putting them under undue influence, coercion by playing fraud, and promise of easy money, etc.
Taking note of the records of the case, the bench of Justice Sameer Jain noted that it appeared that on the basis of general allegations, he was made accused in the present matter along with 35 named persons, and out of 35 persons 6 persons have already been released on bail and thus, he was entitled to be released on bail on the ground of parity.
Case title - Sidhique Kappan vs. State Of U.P. Thru. Prin. Secy. Home Lko. [APPLICATION U/S 482 No. - 161 of 2023]
Case Citation: 2023 LiveLaw (AB) 28
The Allahabad High Court has directed the special NIA Court in Lucknow, trying the UAPA Case against Kerala Based journalist Siddique Kappan, to decide his discharge plea AFRESH after giving an opportunity of hearing to his counsel. With this, the Court also quashed the order of the NIA court's framing charges against him.
The bench of Justice Shree Prakash Singh passed this order on Monday after observing that the Trial Court had, while proceeding to frame charges, neither accepted, nor rejected Kappan’s discharge plea, and prima facie no opportunity for a hearing was granted to his counsel.
Case title - Madan Mohan Saxena vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 23675 of 2022]
Case Citation: 2023 LiveLaw (AB) 29
The Allahabad High Court quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.
Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet and entire case proceedings under Section 39/49B of the Electricity Act pending against him.
Case title - Nizamuddin Khan vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 1461 of 2023]
Case Citation: 2023 LiveLaw (AB) 30
The Allahabad High Court has granted bail to Nizamuddin Khan, the State President of the Social Democratic Party of India (SDPI) in the UAPA case over his alleged connection with the banned organization Popular Front of India (PFI) and involvement in anti-national activities.
Khan, who has been booked under sections 295A, 109, 120B, 201 I.P.C., and section 13 of UAPA, was arrested on September 27, 2022, from Aligarh allegedly with objectionable material and unconstitutional literature.
Case title - Digvijay Chaube vs. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10053 of 2022]
Case Citation: 2023 LiveLaw (AB) 31
The Allahabad High Court has granted anticipatory bail (till submission of the police report, if any) to a man accused of inciting the public to demolish the Gyanvapi Mosque.
The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505(2) I.P.C.
“In the event of arrest of the applicant- Digvijay Chaube, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned…,” the Court ordered.
Case title - Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 216 of 2023]
Case citation: 2023 LiveLaw (AB) 32
The Allahabad High Court has observed that the right to cross-examine a witness is a right that may be denied only in exceptional circumstances or in such circumstances where the order sheet reveals that the other side/ party is habitual in seeking adjournments for one reason or another.
The bench of Justice Rajesh Singh Chauhan passed this order while setting aside an order of the trial court wherein the opportunity of cross-examination for the applicant (accused in a Gangster Act Case) of a prosecution witness was closed despite the fact that the applicant had moved an adjournment application on the ground that his counsel was busy in some other court.
Case title - Mohd. Aslam vs. State of U.P [CRIMINAL APPEAL No. - 530 of 2004]
Case Citation: 2023 LiveLaw (AB) 33
The Allahabad High Court acquitted a person convicted in the year 2004 for allegedly killing 4 persons of a family by mixing poison in their meat as it did not find credible evidence against him.
The bench of Justice Ramesh Sinha and Justice Saroj Yadav acquitted one Mohd. Aslam as it noted that though it was painful that four persons of the family were done to death by poisoning, however, the real culprit of the crime could not be brought to book.
Cae title - Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 36651 of 2022]
Case Citation: 2023 LiveLaw (AB) 34
The Allahabad High Court has quashed entire criminal proceedings against Rajyasabha MP and Congress leader pertaining to the 2019 Model Code of Conduct Violation case registered against him.
The bench of Justice Dinesh Kumar Singh quashed the entire proceedings of the case against Pratapgarhi and others, the cognizance order dated 02.07.2022 as well as the summoning order dated 10.10.2022 passed by Court of ACJM-04, District Moradabad.
Case title - Sajid @ Sajid Pardhan vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 50360 of 2022]
Case citation: 2023 LiveLaw (AB) 35
The Allahabad High Court granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.
The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and the that he is in jail since September 2022 i.e. for about more than three months.
Case title - Mohammad Azam Khan vs. State of U.P. and Another [APPLICATION U/S 482 No. - 35405 of 2018]
Case Citation: 2023 LiveLaw (AB) 36
In a partial relief for former Uttar Pradesh Cabinet Minister and Senior Samajwadi Party Leader Azam Khan, the Allahabad High Court has set aside an order of the Firozabad Court taking cognizance of offence under Section 153-A IPC in the 2007 'provocative' and 'communal' speech case.
The bench of Justice Dinesh Kumar Singh observed that the offence under Section 153-A IPC is a serious offence, but the statute has created a bar for taking cognizance for such an offence unless there is a prior sanction of the competent authority i.e. State Government, which was not obtained in the present case.
Case title - Krishna Kumar (As Per Fir And The Charge Sheet Krishna Kumar Naayi ) And Others vs. State Of U.P. Thru.Prin.Secy.Home And 3 Others [APPLICATION U/S 482 No. - 677 of 2023]
Case Citation: 2023 LiveLaw (AB) 37
The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.
The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of committing offences under Section 363, 366 I.P.C. and Sections 16 and 17 of POCSO Act, 2012.
Case Title – Lokendra Singh vs. State Of U.P. And 2 Others [WRIT - C No. - 39558 of 2022]
Case Citation: 2023 LiveLaw (AB) 38
The Allahabad High Court has observed that the defect of non-filing an affidavit in support of an election petition at the stage of filing of an election petition cannot be cured by way of filing the subsequent affidavit.
The bench of Justice Saurabh Shyam Shamshery observed thus while confirming an order of an election tribunal that rejected an election petition filed under Section 12-C of U.P. Panchayat Raj Act, 1947 on the ground of non-filing of the affidavit.
Case Title – Dr.Priyanka Garg vs. State Of U.P.Thru.Addl.Chief Secy./Prin.Secy.Medical And Ors. [WRIT - A No. - 23384 of 2020]
Case Citation: 2023 LiveLaw (AB) 39
The Allahabad High Court quashed an order of the State Medical Department initiating an inquiry against an associate professor working in a state medical college after keeping her resignation file pending for 7 months.
Taking into account the plight of the professor of medicine, who resigned as she was facing difficulty in handling her child while continuing her job with the State Government, the bench of Justice Vivek Chaudhary stressed that any working woman, more particularly, a mother is required to be accommodated as far as possible.
Case title - Ramji Prasad And 4 Others vs. State of U.P. and Another [CRIMINAL REVISION No. - 137 of 2023]
Case Citation: 2023 LiveLaw (AB) 40
The Allahabad High Court has observed that for the purposes of constituting an offence under Section 308 of the Indian Penal Code, what is the material is intention or knowledge and the circumstances in which the act has been done, and not the injuries.
The bench of Justice Syed Aftab Husain Rizvi observed thus while upholding an order of the Sessions Judge, Varanasi rejecting the plea of discharge filed by a man accused of committing offences under sections 147, 148, 149, 308, 323, 504, 506 IPC.
"Section 308 IPC consists of two parts. The first is related to no-injury cases while the second part deals with where the hurt is caused. So what is the material is intention or knowledge and the circumstances in which the act has been done and not the injuries," the Court observed.
Case title - Nandini Sachan vs. State of U.P. and Another [APPLICATION U/S 482 No. - 38967 of 2022]
Case Citation: 2023 LiveLaw (AB) 41
The Allahabad High Court observed that the freedom of expression does not confer upon the citizens the right to speak without responsibility on social media nor does it grant an unfettered license for every possible use of language.
"...it is beyond the shadow of a doubt that social media is a global platform for the exchange of thoughts, opinions, and ideas. The internet and social media have become important tool through which individuals can exercise their right to freedom of expression but the right to freedom of expression comes with its own set of special responsibilities and duties. It does not confer upon the citizens the right to speak without responsibility nor does it grant an unfettered license for every possible use of language," the bench of Justice Shehar Kumar Yadav said.
Allahabad High Court Entertains And Allows A Second Anticipatory Bail Plea Filed On Fresh Grounds
Case title - Rajnish Chaurasia Alias Rajnesh Chaurasia vs. State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 31 of 2023]
Case Citation: 2023 LiveLaw (AB) 42
The Allahabad High Court entertained and allowed a second anticipatory bail plea filed on fresh grounds.
The bench of Justice Karunesh Singh Pawar granted anticipatory bail [till the filing of police report u/s 173(2) CrPC] to one Rajnish Chaurasia who has been accused of inter alia causing hurt to the first informant in May 2022.
With this, the bench rejected the contention raised by AGA that the second anticipatory bail application of the applicant was not maintainable on the ground that the Allahabad High Court, in the case of Raj Bahadur Singh Vs. State of UP, reported in 2022 LiveLaw (AB) 493, ruled that a second and successive anticipatory bail application is not maintainable.
Case title - Javed Mohammad @ Pump vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 53834 of 2022]
Case Citation: 2023 LiveLaw (AB) 43
The Allahabad High Court granted bail to the Welfare Party Of India Leader Javed Mohammad who is the prime accused in the June 2022 Prayagraj Violence case. He has been accused of leading the mob which allegedly damaged public property and set police vehicles on fire.
The bench of Justice Sameer Jain observed that from the perusal of the FIR and the statements of prosecution witnesses recorded during the investigation, it appears that general allegations were made against all the accused persons including the applicant.