Allahabad High Court
Sexual Assaults On Children On Rise, All Cases Aren't Reported; Offenders Must Be Punished Mercilessly: Allahabad High Court
The Allahabad High Court recently observed that there has been an alarming and shocking increase in sexual offences committed against children. Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus: “…this is due to the reasons that children are ignorant of the act of the rape and are not able to...
Court Has Discretion To Drop NI Act Proceedings Sans Complainant’s Consent If Accused Offers Fair Amount as Compensation: Allahabad HC
The Allahabad High Court has observed that a Magistrate can drop proceedings against an accused under the Negotiable Instruments Act if he offers a fair and acceptable amount, which, in the opinion of the court is appropriate for duly compensating the complainant. The bench of Justice Jyotsna Sharma observed thus while referring to the Supreme Court’s 2017 ruling in the case...
Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. The bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad observed thus while allowing the appeal filed by one Guddu Verma who...
Allahabad High Court Admits Disqualified MP Afzal Ansari's Appeal Against Conviction Under Gangster Act
The Allahabad High Court on Thursday admitted the appeal filed by Disqualified MP Afzal Ansari challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. The HC has also summoned the lower court's record related to the case.The bench of Justice Rajeev Misra also sought the reply of the State Government as well as...
Krishna Janmabhoomi-Shahi Idgah Dispute: Allahabad High Court Transfers To Itself All Suits Pending In Mathura Court
The Allahabad High Court today transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.With this the Bench of Justice Arvind Kumar Mishra-I allowed the transfer application moved by Bhagwan Shrikrishna Virajman And 7 Others. In the operative part of its order, it observed...
'Victim Survived Fatal Attack Only By Sheer Luck': Allahabad HC Refuses To Quash 'Attempt To Murder' Case Based On Compromise
The Allahabad High Court recently refused to quash an attempt to murder case (Section 307 IPC) based on the compromise entered into between the victim and the accused as it observed that permitting the parties to compromise would be an abdication of the State's function to prosecute offences against the society.Considering the medico-legal report and the fact that the gunshot injury was...
Section 190 CrPC| Magistrate Can Also Summon Persons Not Named In Chargesheet/ FIR As An Accused: Allahabad High Court
The Allahabad High Court has recently observed that a Magistrate has the power under Section 190 CrPC to issue summons against persons who have not been mentioned as an accused in the charge sheet or arraigned in the first information report. The bench of Justice Ajai Kumar Srivastava-I observed thus while referring to the Supreme Court’s ruling in the case of Nahar Singh vs State...
Siddique Kappan Co-Accused Atikur Rehman Granted Bail In PMLA Case By Allahabad High Court
The 'Hathras Conspiracy' case accused Atikur Rehman who was arrested in October 2020 along with journalist Siddique Kappan and two others on their way to Hathras to meet the family members of a gang rape and murder victim, was today granted by the Allahabad High Court in the Prevention of Money Laundering Activities (PMLA) case.The bench of Justice Subhash Vidyarthi passed this order today...
Not Allowing Spouse To Have Sexual Intercourse For A Long Time Amounts To Mental Cruelty: Allahabad High Court
The Allahabad High Court last week dissolved the marriage between a couple on the ground of cruelty by observing that not allowing a spouse for a long time, to have sexual intercourse with his or her partner, without sufficient reason, itself amounts to mental cruelty to such spouse.With this, the bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV allowed the appeal filed by the...
Allahabad High Court Weekly Round-Up: May 15 To May 21
NOMINAL INDEX Prashant Chandra vs. State Of U.P. Thru. Prin. Secy. Home, Lko. And Others 2023 LiveLaw (AB) 148 Ranjeeta @ Ravita vs. State of U.P. and Another 2023 LiveLaw (AB) 149 Manas Vatsa vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 150 Waseem Khan vs. State Of U.P. Thru. Prin. Secy. Nyay Lko. And Another 2023 LiveLaw (AB) 151 Kamal Singh vs. State of U.P....
Allahabad HC Permits Civil Judge (JD) Candidate Who Applied Under Wrong Category To Provisionally Appear In Mains Exam
In an interim relief, the Allahabad High Court on Monday permitted a candidate, who applied under the wrong category, to write the mains examination of the UP Judicial Service Civil Judge (Junior Division) Examination-2022, which is to be held from today onwards.The bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV, however, clarified that the petitioner was being allowed in...
Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse to Section 438 CrPC in the other sections. He has to apply for bail...