Allahabad High Court
‘S. 313 CrPC Not Empty Formality, Not Putting Incriminating Material To Accused Seeking Explanation Causes Prejudice To Him’: Allahabad HC
The Allahabad High Court recently set aside a murder conviction on the ground that though the trial court relied upon the dying declaration of the deceased to convict the accused, the same was not put to the accused in his statement recorded under Section 313 CrPC seeking his explanation. The bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam observed that the accused...
Muslim Father-In-Law Has No Locus To File Habeas Corpus Plea Seeking Presence/Custody Of Daughter-In-Law: Allahabad HC
The Allahabad High Court has observed that a Muslim father-in-law has no locus to file a habeas corpus plea seeking the presence/custody of his daughter-in-law. With this, the bench of Justice Shamim Ahmed disposed of a Habeas plea filed by one Mohd. Hasim seeking custody of his daughter-in-law alleging that she is in illegal custody of her parents since 2021 and that they are not...
Allahabad HC Denies Anticipatory Bail To Muslim Scholar Accused Of Issuing Fatwa To Kill Waseem Rizvi After He Embraced Hinduism
The Allahabad High Court on Monday rejected the anticipatory bail plea filed by a Muslim Scholar who has been accused of issuing a fatwa to kill former Shia Waqf Board chairman Jitendra Narayan Singh Tyagi Aka Waseem Rizvi after he converted to Hindu religion renouncing Islam.The bench of Justice Subhash Vidyarthi rejected the bail plea of Maulana Syed Mohammad Shabibul Husaini who allegedly...
Allahabad High Court Weekly Round-Up: May 29 To June 04
NOMINAL INDEX Guddu Verma vs. State of UP 2023 LiveLaw (AB) 165 Rani Gaur vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 166 Rajesh vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 167 Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw (AB) 168 M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. 2023...
Allahabad HC Denies Bail To Man Accused Of Raping Victim On False Promise To Marry By Concealing His Religious Identity
The Allahabad High Court recently refused to grant bail to a man who has been accused of establishing sexual relations with the victim by making a false promise to marry her after concealing his real religion. The Bench of Justice Saurabh Shyam Shamshery observed that it was a case wherein the accused trapped the victim by representing himself to be a person of different religion and...
Informant In Hate Speech Case Against UP CM Yogi Adityanath Granted Bail In Gang Rape Case By Allahabad High Court
The Allahabad High Court last week granted bail to activist Parvez Parwaz in connection with a Gang rape case in which he was convicted and sentenced to life imprisonment in the year 2020 by a Gorakhpur court. It may be noted that Parvez was the informant in the FIR filed against UP CM Yogi Adityanath for alleged Hate Speech. In the FIR, it had been alleged that in the year 2007, Yogi, the...
Religious Education At Govt's Expense: Allahabad High Court (DB) Directs Registry To Place Matter Before Chief Justice/PIL Bench
The Allahabad High Court last week directed the Registry to register a Public Interest Litigation (PIL) as a separate case on the issue of government funding of religious education in institutions like madrasas and place the matter before the Chief Justice for appropriate direction or before the appropriate PIL Bench.The following issue has been referred to the CJ/PIL Bench:"Whether funding...
JJ Act | 'Juvenile Can Seek Anticipatory Bail U/S 438 CrPC; Inquiries U/S 14/15 Can Be Done While He Is On Bail': Allahabad HC Answers Reference
The Allahabad High Court (Division Bench) recently held that a child in conflict with the law has an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 CrPC like any other citizen but with the restrictions imposed in the said provision itself.While answering a reference made by a single judge, the bench of Chief Justice Pritinker Diwaker and Justice Samit...
'No Unfettered Right To Freedom Of Expression': Allahabad HC Denies Relief To Man Accused Of Abusing Goddess Durga On WhatsApp
The Allahabad High Court recently said that the right to freedom of expression comes with its own set of special responsibilities and duties and that it does not confer upon the citizens the right to speak without responsibility nor does it grant an unfettered licence for every possible use of language.The Bench of Justice Manju Rani Chauhan observed thus while refusing to quash a...
Merely Possessing, Transporting Cow Within State Wouldn't Amount To An Offence Under UP Cow Slaughter Act: Allahabad High Court
The Allahabad High Court has observed that mere possession of live cow/bullock or merely transporting cow within Uttar Pradesh would not amount to committing, abetting or attempting to commit an offence under the UP Prevention of Cow Slaughter Act 1955.The bench of Justice Vikram D. Chauhan observed thus while granting bail to bail to one Kundan Yadav who was arrested in March this year...
Allahabad HC Directs Lucknow University To Determine If Rape Victim Is A 'Mangali' As Accused Refused To Marry Her On This Ground
The Allahabad High Court last week directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali in three weeks.The bench of Justice Brij Raj Singh ordered thus while dealing with the bail application of an accused who allegedly refused to marry the victim, after establishing sexual relations,...
Gyanvapi | 'Merely Seeking Right To Worship Hindu Deities Doesn't Change Mosque's Character Into A Temple': Allahabad HC Rejects Masjid Committee's Plea
While dismissing the revision plea moved by the Gyanvapi Mosque Committee challenging a Varanasi Court order rejecting its objection to 5 Hindu Women Worshippers suit, the Allahabad High Court yesterday observed that mere asking to enforce a right to worship Maa Srinagar Gauri, Lord Ganesha, Lord Hanuman and the other Deities, (located inside Mosque Premises) is not an act that changes...