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Allahabad High Court Weekly Round Up: April 25 To May 1, 2022
Sparsh Upadhyay
1 May 2022 9:15 PM IST
NOMINAL INDEX Umesh Yadav v. State of U.P. 2022 LiveLaw (AB) 203 U.P. Cooperative Federation Ltd v. The Employees State Insurance Corporation 2022 LiveLaw (AB) 204 Amit Kumar Jain v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 205 Namaha v. State of U.P. and others 2022 LiveLaw (AB) 206 Amit Singh v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 207 Sakshi Jaiswal v. State...
NOMINAL INDEX
Umesh Yadav v. State of U.P. 2022 LiveLaw (AB) 203
U.P. Cooperative Federation Ltd v. The Employees State Insurance Corporation 2022 LiveLaw (AB) 204
Amit Kumar Jain v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 205
Namaha v. State of U.P. and others 2022 LiveLaw (AB) 206
Amit Singh v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 207
Sakshi Jaiswal v. State of U.P. and Another 2022 LiveLaw (AB) 208
Kiran Singh v. State Of U.P. And Anr 2022 LiveLaw (AB) 209
Bablu @ Vishnu Dhar Dubey v. State of U.P. and Another 2022 LiveLaw (AB) 210
Lavi Choudhari v. State Of U.P.And 2 Others 2022 LiveLaw (AB) 211
M/S Rohit Surfactants Private Limited v. M/S Kanodia Salt Company Ltd.And Another 2022 LiveLaw (AB) 212
Chaman Mangla v. State of U.P. and Another 2022 LiveLaw (AB) 213
Chhotey Lal v. U.O.I. N.C.B. along with a connected matter 2022 LiveLaw (AB) 214
Ram Autar And Others v. State of U.P. 2022 LiveLaw (AB) 215
Saurabh Tiwari v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 216
Rajkumar Yadav v. State Thru C.B.I./ACB Lucknow 2022 LiveLaw (AB) 217
Dr. J.S. Yadav v. Dr. Anil Kumar Upadhyay 2022 LiveLaw (AB) 218
Jaya Prada Nahata v. Mohd. Azam Khan And 9 Others 2022 LiveLaw (AB) 219
Vipin Tiwari v. State of U.P. and Another and connected matters 2022 LiveLaw (AB) 220
Judgments/Orders of the Week
Case Title: Umesh Yadav v. State of U.P.
Case citation: 2022 LiveLaw (AB) 203
The High Court observed that the Courts of law are meant for imparting justice between the parties and anyone who approaches the Court must come with clean hands and no material facts should be concealed.
A Single-Judge Bench comprising Justice Sanjay Kumar Singh observed thus while dismissing an application filed under Section 482 of the Code of Criminal Procedure ("Cr.P.C.") for quashing the entire criminal proceedings under Section 406 of the Indian Penal Code ("I.P.C.") and Section 6 of the Dowry Prohibition Act.
Case Title- U.P. Cooperative Federation Ltd v. The Employees State Insurance Corporation
Case Citation: 2022 LiveLaw (AB) 204
The High Court has held that the application of the term 'manufacturing process', which was added to the Employees State Insurance Act ('the Act') by virtue of the Employees State Insurance (Amendment Act), 1989 ('the Amendment Act'), would apply prospectively and would have no application prior to the said amendment coming into force.
A Single-judge Bench of Justice Pankaj Bhatia, sitting at Lucknow, observed thus while allowing a writ petition that primarily challenged multiple orders of the Employees State Insurance Corporation that demanded payment from the petitioners towards the employer's contribution in respect of the employees working in the accounts section of the PCF Press run by the petitioner.
Case title - Amit Kumar Jain v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 3894 of 2022]
Case citation: 2022 LiveLaw (AB) 205
The High Court ordered the Senior Superintendent of Police, Muzaffar Nagar to personally monitor the investigation in an FIR by the wife of a Judicial Officer against an advocate, who accused the Judicial Officer of taking a bribe to pass favorable orders.
The bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar however refused to transfer the case to any other investigating agency as the Court opined that the allegations were neither specific nor are substantiated and that, there is no reason to doubt the impartiality of the Investigating Officer in the matter.
Case title - Namaha v. State of U.P. and others
Case Citation: 2022 LiveLaw (AB) 206
The High Court dismissed a Public Interest Litigation (PIL) plea filed seeking direction to Uttar Pradesh Chief Minister Yogi Adityanath to disclose his full and actual name in the public domain, with Rs. 1 Lakh Cost.
The PIL plea moved by one Namaha also sought a direction to CM Yogi Adityanath to take the oath of office and secrecy under his real name and to refrain from using the word 'Yogi' as a title in his official communication.
Case title - Amit Singh v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 11201 of 2021]
Case Citation: 2022 LiveLaw (AB) 207
The High Court has observed that non-reporting of the seizure forthwith, as provided under Section 102(3) Cr.P.C., shall not ipsofacto render such seizure illegal particularly as no period is specified and its consequences have not been provided.
Case title - Smt. Sakshi Jaiswal v. State of U.P. and Another [TRANSFER APPLICATION (CRIMINAL) No. - 316 of 2021]
Case Citation: 2022 LiveLaw (AB) 208
The High Court has observed that before taking any decision regarding the transfer of a criminal case, not only the convenience of the applicant/ complainant/ informant/ victim is to be taken into consideration, but the convenience of the accused and prosecution is also to be taken into consideration.
To observe thus, the Bench of Justice Saurabh Shyam Shamshery also relied upon the recent ruling of the Allahabad HC in the case of Shailendra Kumar Prajapati vs. State of U.P. and another [Transfer Application (Criminal) No. 285 of 2021].
Case title - Smt.Kiran Singh v. State Of U.P. And Anr [CRIMINAL REVISION No. - 896 of 2019]
Case Citation: 2022 LiveLaw (AB) 209
In a significant observation, the High Court ruled that there is no bar under Section 125 Cr.P.C. to grant maintenance to a wife, even against whom, a decree for restitution of conjugal rights has been passed.
The Bench of Justice Brij Raj Singh further stressed that it would be very harsh to refuse maintenance on the ground of a decree of restitution of conjugal rights passed in favor of the husband.
Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC: Allahabad High Court
Case title - Bablu @ Vishnu Dhar Dubey v. State of U.P. and Another [APPLICATION U/S 482 No. - 3716 of 2022]
Case Citation: 2022 LiveLaw (AB) 210
The High Court has observed that the provision of de novo trial is mandatory for the accused summoned under Section 319 Cr.P.C.
The Bench of Justice Brij Raj Singh stressed that the accused brought under Section 319(1) Cr.P.C. has to be given a fair trial in view of Section 319 (4) (a) Cr.P.C.
Case title - Smt Lavi Choudhari v. State Of U.P.And 2 Others [HABEAS CORPUS WRIT PETITION No. - 209 of 2022]
Case Citation: 2022 LiveLaw (AB) 211
The High Court ordered protection for a married couple who had a love marriage against the wishes of the family of the girl.
In view of the fact that the Girl has been selected for the post of Sub Inspector in the U.P. Police, however, her father was not providing her the original education documents, the Court directed the S.P., Moradabad to procure all documents from the custody of the father and hand the same over to the Girl.
Case title - M/S Rohit Surfactants Private Limited v. M/S Kanodia Salt Company Ltd.And Another [CIVIL REVISION No. - 448 of 2012]
Citation: 2022 LiveLaw (AB) 212
The High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the application under Order VI Rule 17 CPC by the plaintiff.
The Bench of Justice Rohit Ranjan Agarwal observed that the very purpose of Rule 17 in Order VI CPC is to give liberty to a party in a suit to amend his pleading at any stage in such manner and on such terms as may be just.
Case title - Chaman Mangla v. State of U.P. and Another [CRIMINAL REVISION No. - 1066 of 2022]
Case Citation: 2022 LiveLaw (AB) 213
The High Court has observed that at the time of framing of charge, the Court is required to proceed on the presumption that the material produced by the prosecution is true.
At that stage, the Court is not expected to go deep into the matter and hold that the material produced does not warrant a conviction, noted the Bench of Justice Shekhar Kumar Yadav.
Case title - Chhotey Lal v. U.O.I. N.C.B. along with a connected matter
Case Citation: 2022 LiveLaw (AB) 214
Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case.
The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under
Sections 8(C)/18/29 of the NDPS Act after they were arrested from the general bogey of a Train for allegedly being in possession of a total of 7 KG of opium.
Case title - Ram Autar And Others v. State of U.P. [CRIMINAL APPEAL No. - 879 of 1986]
Case Citation: 2022 LiveLaw (AB) 215
The High Court set aside the life sentence of two in a 42-year-old murder case giving them a benefit of doubt as it noted that the prosecution case flowed from highly interested witnesses.
The Bench of Justice Manoj Misra and Justice Shamim Ahmed sensed a suspicion shrouding the prosecution case, which gave the Court, a strong feeling that the informant party had grabbed the opportunity of an occurrence, perhaps an accident, to spin a story against its rivals.
Case title - Saurabh Tiwari v. State Of U.P. And 2 Others [MATTERS UNDER ARTICLE 227 No. - 3135 of 2022]
Case Citation: 2022 LiveLaw (AB) 216
The High Court refused to interfere in a plea challenging a magistrate's order dismissing an application filed under Section 156(3) CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.
Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.
It may be noted that last year a Varanasi Court had upheld the order of the Magistrate in by dismissing the criminal revision plea filed by a local Lawyer Saurabh Tiwari. Now, challenging both these orders, a plea under Article 227 of the Constitution of India was moved by Tiwari before the HC.
Case title - Rajkumar Yadav v. State Thru C.B.I./ACB Lucknow [CRIMINAL MISC. BAIL APPLICATION No. - 4319 of 2021]
Case Citation: 2022 LiveLaw (AB) 217
The High Court denied bail to a former govt Junior Assistant/Clerk in connection with an alleged Rs.1500/- crores scam pertaining to the financial irregularities committed with criminal intent in the work of "Gomti River Channelization Project" and "Gomti River Front Development" by the Irrigation Department.
The Bench of Justice Krishan Pahal denied bail to Rajkumar Yadav as it noted that it was prima-facie found that he was also the part and parcel of the chain of corruption having been committed causing a heavy loss to the State Exchequer.
Case Title- Dr. J.S. Yadav v. Dr. Anil Kumar Upadhyay
Case Citation: 2022 LiveLaw (AB) 218
The Lucknow Bench of the High Court expressed shock over non-compliance of a direction issued by a Division Bench of the High Court, as long back as in the year 2001.
"It is a case where the appellant has taken recourse to the judicial proceedings to thwart the course of justice and a direction which was issued by the Division Bench in the year 2001 has not been complied with till date. This in itself is a shocking state of affairs which does hurts the judicial conscience and has a deleterious effect on the public at large" Bench comprising Chief Justice Rajesh Bindal and Justice Jaspreet Singh remarked.
Case Title: Jaya Prada Nahata v. Mohd. Azam Khan And 9 Others [ELECTION PETITION No. - 10 of 2019]
Case Citation: 2022 LiveLaw (AB) 219
The High Court dismissed an election petition filed by actress Jaya Prada challenging the election of Samajwadi Party leader Azam Khan from the Rampur parliamentary constituency.
The Bench of Justice Saumitra Dayal Singh dismissed the plea for want of prosecution that is to say in the absence of the counsel for Jaya Prada. All pending applications were accordingly disposed of.
In her election plea, Jaya Prada had alleged that at the time of his election, Azam Khan held the post of the Chancellor of Mohammad Ali Jauhar University, which was an office of profit. She had also alleged that Azam Khan made religious appeals to get votes.
Case title - Vipin Tiwari v. State of U.P. and Another and connected matters
Case Citation: 2022 LiveLaw (AB) 220
"Justice is not for the accused only, justice should also be done with the victim," remarked the Allahabad High Court as it dismissed 3 pleas filed by gang-rape accused seeking transfer of their trial from Jhansi District to any other district.
The Bench of Justice Anil Kumar Ojha observed that if a case is transferred, it will add insult to the injury to the gang-rape victim.
"If the case is transferred from District Jhansi to any other district, it will be inconvenient for the victim, witnesses, prosecution and for the society as a whole because the case sought to be transferred relates to gang rape," the Bench remarked as it dismissed their pleas.
Other Updates from High Court/UP Courts
Case title - Rahul Yadav v. State Of U.P. And 4 Others
In what appears to be the last opportunity, the High Court directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago, before the Court on May 6.
The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji also made a prima facie remark that the missing man was under illegal detention of the respondents.
"There is a failure on the part of the respondents to produce the corpus who was under their custody and thus, prima facie, the corpus appears to be under illegal 7 detention of the respondents," the bench stressed.
Case title - Praveen Pal v. State of U.P
The High Court recently expressed its displeasure over the delayed examination of materials in the Forensic Lab during the Criminal trials.
Noting that such delays are becoming a routine now, the Bench of Justice Samit Gopal directed the Director General of Police, U.P. and the Secretary, Home, Government of U.P. to inform the Court as to what steps are being taken by them for expeditious examination of materials sent to the experts for analysis.
Lakhimpur Kheri Violence | Allahabad High Court Judge Recuses From Hearing Ashish Mishra's Bail Plea
Justice Rajiv Singh of High Court's Lucknow Bench today recused himself from hearing the bail plea of Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case.
Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they were mowed down by an SUV, in which Mishra was allegedly sitting.
Case title - Suo-Motu-With Regard To Filling Up All Vacancies In Revenue v. State of U.P.
The Bar Council of Uttar Pradesh has assured the High Court that it shall take appropriate measures to ensure that frequency of the strike calls, boycott calls, and resolutions regarding abstinence from active work in the court is arrested.
The Bar Council of Uttar Pradesh was being represented before the Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi to assist the court in the suo moto matter regarding the non-availability or paucity of Presiding Officers in the Revenue courts.
Case title - Abbas Ansari And Another v. State Of U.P. And 4 Others
The High Court extended the interim protection of arrest granted in favor of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.
This case was registered against him for his alleged statement threatening the government officials with payback at a public rally in Mau district last month. Ansari had said that he had asked the Chief of Samajwadi Party (SP), Akhilesh Yadav not to transfer the government officials for the next six months if the SP alliance government is formed in Uttar Pradesh, as their 'Hisab Kitab' would be done first.
Case title - Deeksha Singh And 7 Others v. State of U.P. and Another [WRIT - A No. - 6234 of 2022]
The High Court has sought the response of the Uttar Pradesh Government on a Writ Plea challenging certain questions asked in the Uttar Pradesh Teacher Eligibility Test (UPTET) 2021.
Essentially, 6 petitioners who appeared in UP-TET-2021 have moved the Court by submitting that certain questions that were asked in UP-TET and were successfully challenged before the Lucknow Bench of the High Court, were repeated in UP-TET-2021
Case title - Braj Mohan Sharma And 3 Others v. Mr. Navneet Chahal D.M. Mathura [CONTEMPT APPLICATION (CIVIL) No. - 322 of 2022]
The High Court has issued a non-bailable warrant against the District Magistrate of Mathura, Navneet Singh Chahal in a case of a contempt plea filed over non-compliance with the Court's order.
The court has directed the police to produce Chahal before the Court on May 12 for 'disrespecting' the court's September 2021 order.
