Allahabad High Court
A 'Proclaimed Offender' Is Not Barred From Filing An Anticipatory Bail Application: Allahabad High Court
The Allahabad High Court has observed that a proclaimed offender is not barred from filing an Anticipatory bail application under section 438 of CrPC. The bench of Justice Krishan Pahal further observed that neither Section 82 CrPC (Proclamation for person absconding) nor Section 438 CrPC imposes any restriction in the filing of the anticipatory bail application by the...
‘Decide Bail Pleas In 2 Weeks, Ensure Strict Compliance Of SC's 'Satender Kumar Antil' Judgment’: Allahabad HC To District & Sessions Judges
The Allahabad High Court last week issued various directions on the administrative side to all the District and Sessions Judges in Uttar Pradesh pertaining to the disposal of bail pleas in light of the Supreme Court’s Judgment in the case of Satender Kumar Antil vs. Central Bureau ofInvestigation and another 2022 LiveLaw (SC)577. In a letter written by the Registrar General of...
Krishna Janmabhoomi Dispute: Allahabad HC Reserves Verdict In Plea Seeking Transfer Of Suits Pending In Mathura Court To HC
The Allahabad High Court today reserved its verdict in a plea filed before it seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the HC.The Bench of Justice Arvind Kumar Mishra-I passed reserved the order today weeks after it entertained and agreed to hear the Transfer plea filed...
Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC
In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a...
Allahabad High Court Dismisses PIL Against UP Govt’s Circular For Organising Events During Chaitra Navratri
The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea challenging the Uttar Pradesh Government's March 10 circular to provide financial aid (Rs. 1 Lakh to each district) for holding religious events during Navratri Puja and Ram Navami festivals that began on March 22. “…the said Government Order has been found issued, to publicize different...
Allahabad High Court Quarterly Digest: January - March 2023
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...
Allahabad High Court Weekly Round-Up: April 24 To April 30, 2023
NOMINAL INDEX Raje @ Rajesh @ Santosh Kumar vs. State of U.P 2023 LiveLaw (AB) 136 Asif Ahmad Siddiqui vs. State of U.P. and Another 2023 LiveLaw (AB) 137 Kamlesh Paswan And 6 Others vs. State of U.P. 2023 LiveLaw (AB) 138 Indra Pal and another vs. State of U.P. along with a connected appeal 2023 LiveLaw (AB) 139 ORDERS/JUDGMENT OF THE WEEK Insistence On Corroboration...
Krishna Janmabhoomi Case| 'Decide Suit Without Being Influenced By District Judge's Observations On Merits Of Case': Allahabad HC To Mathura Court
The Allahabad High Court today directed a Court in Mathura to decide the suit pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah land dispute, pending before it, without being influenced by the observations made by the Mathura District Judge on the merits/contentious issues of the case in its 19 May 2022 order.Significantly, this order of the Allahabad High Court has paved the way for...
Lucknow PUBG-Murder Case| Allahabad High Court Grants Bail To Juvenile Accused Of Killing Mother
In the infamous Lucknow PUBG-Murder case, the Allahabad High Court last week granted bail to the 16-year-old boy (at the time of the incident) who has been accused of killing his own mother using his father’s licensed pistol. Though initially it was claimed that the Boy killed his mother as she stopped him from playing PUBG, a mobile-based game, the subsequent news reports suggest...
'Ransom Letter Not Proved; Kidnapped Child Kept Secretly & In Wrongful Confinement': Allahabad HC Alters Conviction U/S 364A IPC To S. 365 IPC
The Allahabad High Court recently altered the Kidnapping for Ransom (Section 364A IPC) conviction of two men who kidnapped an 11-year-old boy, to that of Kidnapping with intent secretly and wrongfully to confine a person (Section 365 IPC), on the ground that the alleged letter for ransom sent to father of the child was not proved by prosecution. Taking into account the evidence on...
Riots Case| 'Will Cast A Stigma On His Political Career': Allahabad HC Grants Bail To BJP MP Kamlesh Paswan, Stays 18 Months Sentence
The Allahabad High Court last week granted bail to sitting BJP MP (from Bansgaon) Kamlesh Paswan and stayed the sentence of 1.5 years awarded to him by the Trial court in connection with a riots case registered in the year 2008 during the pendency of his revision plea before the HC.The bench of Justice Rajeev Misra passed this order considering the fact that Paswan is an MP and the Judgment...
Section 190 (1)(b) CrPC| Magistrate Can Summon Person Even On The Basis Of S. 164 CrPC Statement If His Prima Facie Involvement Is Found: Allahabad HC
The Allahabad High Court recently observed that a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of CrPC, can issue a summons to a person even on the basis of the statement under Section 164 CrPC, even though such a person is not arraigned as an accused in the police report or in the FIR. The Bench of Justice Manju Rani...