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Allahabad High Court Weekly Round Up: August 22 To August 28, 2022
Sparsh Upadhyay
28 Aug 2022 8:52 PM IST
NOMINAL INDEX Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 385 Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors 2022 LiveLaw (AB) 386 Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko 2022 LiveLaw (AB) 387 Alam @ Mohammad Alam v. State Of U.P. and another 2022 LiveLaw...
NOMINAL INDEX
Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 385
Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors 2022 LiveLaw (AB) 386
Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko 2022 LiveLaw (AB) 387
Alam @ Mohammad Alam v. State Of U.P. and another 2022 LiveLaw (AB) 388
Richa Dubey v. State of U.P. 2022 LiveLaw (AB) 389
Smt. Ramkali Samajik Utthan Evan Jan Kalyan Samiti Thru. Secy. Adv. Manoj Kumar Yadav v. Union Of India Thru. The Ministry Of Social Justice And Empowerment New Delhi And 2 Others 2022 LiveLaw (AB) 390
Avneesh Kumar And Another v. Dr Sujoy Lal Thaosen,Director And 2 Others 2022 LiveLaw (AB) 391
Mohd.Shakib v. State of U.P. 2022 LiveLaw (AB) 392
Vaibhav Singh v. Smt. Divyashika Singh 2022 LiveLaw (AB) 393
Ramkrit Yadav v. State Of U.P. And Another 2022 LiveLaw (AB) 394
Ashish Yadav v. State Of U.P And Another 2022 LiveLaw (AB) 395
Ishrat v. State 2022 LiveLaw (AB) 396
JUDGMENTS/ORDERS OF THE WEEK
Case title - Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others
Citation: 2022 LiveLaw (AB) 385
The Allahabad High Court has observed that the transport of cow skin leather does not amount to any contravention of provisions of the U.P. Prevention of Cow Slaughter Act, 1955, and therefore, the Magistrate has power under sections 451 or 457 Cr.P.C. to release a vehicle by which allegedly skin leather of cow or its progeny was transported.
With this, the bench of Justice Mohd. Aslam set aside an order of the Special Chief Judicial Magistrate, Agra rejecting the application filed by the revisionist seeking the release of his vehicle allegedly used to transport Cow Skin Leather.
Case title - Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors [APPLICATION U/S 482 No. - 5776 of 2017]
Case Citation: 2022 LiveLaw (AB) 386
The Allahabad High Court has observed that even if the police officials exceed, to some extent, their authority in the discharge of their official/public duty, then also sanction would be required under section 197 CrPC for their prosecution.
Section 197 Cr.P.C. deals with the prosecution of Judges and Public Servants wherein sanction of the Government is stipulated for taking cognizance of an offence alleged to have been committed while acting or purporting to act in the discharge of his duties.
The bench of Justice Dinesh Kumar Singh categorically held that the court is barred to take cognizance of an alleged offence committed by the police personnel, which may be in excess of his official/public duty, if the prosecution has been initiated against such personnel without required sanction u/s 197 CrPC.
Case Title - Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko
Case Citation: 2022 LiveLaw (AB) 387
The Allahabad High Court granted bail to a murder accused who was summoned in a 'cursory manner' under section 319 of CrPC by the trial court based on the statements of the prosecution witnesses.
The bench of Justice Shamim Ahmed noted that the applicant was not even named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses in the trial court.
Under Section 319 CrPC, the Court has been given the power to proceed against other persons appearing to be guilty of offence in the course of any inquiry into, or trial of, an offence.
Case title - Alam @ Mohammad Alam v. State Of U.P. and another
Case Citation: 2022 LiveLaw (AB) 388
The Allahabad High Court has granted bail to Siddique Kappan's Co-Accused, Mohammad Alam, a Cab Driver, in connection with the 'Hathras Conspiracy Case'. The Court observed that no incriminating article was recovered from his possession.
UAPA Accused Alam, who was arrested on October 5, 2020, while on his way to Hathras, has been granted bail by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav as it found no complicity and involvement of the appellant with the terrorist activities or any other activity against the nation.
Slain Gangster Vikas Dubey's Wife Granted Anticipatory Bail By Allahabad High Court In Cheating Case
Case title - Richa Dubey v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION US 438 CR.P.C. No. - 7168 of 2022]
Case Citation: 2022 LiveLaw (AB) 389
The Allahabad High Court has granted anticipatory bail to the wife of slain gangster Vikas Dubey (of Bikru, Kanpur) in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.
The bench of Justice Suresh Kumar Gupta granted her grant anticipatory bail to the applicant till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial Court concerned.
Case Title - Smt. Ramkali Samajik Utthan Evan Jan Kalyan Samiti Thru. Secy. Adv. Manoj Kumar Yadav v. Union Of India Thru. The Ministry Of Social Justice And Empowerment New Delhi And 2 Others
Case Citation: 2022 LiveLaw (AB) 390
The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea seeking enhancement of the age of retirement from 60 to 62 years in respect of the employees of the State Government who are differently abled.
The petitioner (Ramkali Samajik Utthan Evan Jan Kalyan Samiti) argued that since the differently-abled government employees working in the State of Haryana and the State of Punjab have been given the benefit of age of superannuation of 62 years, whereas in the State of U.P., the age of superannuation of differently-abled employees is 60 years, hence such employees in the State of U.P. have been discriminated against.
Case title - Avneesh Kumar And Another v. Dr Sujoy Lal Thaosen,Director And 2 Others [CONTEMPT APPLICATION (CIVIL) No. - 4616 of 2022]
Case Citation: 2022 LiveLaw (AB) 391
The Allahabad High Court has directed the Central Government to comply with its March 7, 2022 order wherein it had directed the UOI and SSB to consider the candidature of 3 SSB Exam Candidates who were denied employment on account of certain tattoos on a certain part of their hands (forearm), in case they remove such tattoo.
On March 7, 2022, the Bench of Justice Siddhartha Varma had directed the Centre and the SSB that if the petitioners' tattoos are removed then that particular disability may not be considered as an obstacle for selection on the ministerial posts for which the petitioners had applied.
Case title - Mohd.Shakib v. State of U.P. [APPLICATION U/S 482 No. - 23143 of 2021]
Case Citation: 2022 LiveLaw (AB) 392
The Allahabad High Court has observed that mere transportation of a cow and its progeny within the state of Uttar Pradesh is not a violation of any of the provisions of the UP Cow Slaughter Act.
The Bench of Justice Mohd. Aslam further held that no permit is required to transport the cow and its progeny within the state of Uttar Pradesh.
With this, the court set aside an order passed by District Magistrate, Varanasi to seize a vehicle on the allegations that the same was carrying animals for the purpose of cow slaughtering without valid permission.
Able-Bodied Husband Can't Argue That He Isn't In Position To Maintain His Wife: Allahabad High Court
Case title - Vaibhav Singh v. Smt. Divyashika Singh [FIRST APPEAL No. - 554 of 2022]
Case Citation: 2022 LiveLaw (AB) 393
The Allahabad High Court recently observed that an able-bodied husband cannot argue that he is not in a position to maintain his wife.
The observation was made while dismissing an appeal filed by the Husband against the order passed by the family court under Section 24 of the Hindu Marriage Act [Maintenance pendente lite and expenses of proceedings] in a proceeding for divorce instituted by the husband.
Case title - Ramkrit Yadav v. State Of U.P. And Another [CRIMINAL MISC. BAIL APPLICATION No. - 10162 of 2022]
Case citation: 2022 LiveLaw (AB) 394
"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.
The bench of Justice Samit Gopal categorically observed that it was not only a case of police excess but a clear-cut case of abuse of police powers and police high-handedness.
Case title - Ashish Yadav v. State Of U.P And Another [CRIMINAL MISC. BAIL APPLICATION No. - 23834 of 2022]
Case Citation: 2022 LiveLaw (AB) 395
The Allahabad High Court has requested the High Court Legal Services Committee Allahabad to appoint lady counsels to represent the victims especially when the victims are minor girls.
The bench of Justice Ajay Bhanot was essentially dealing with the bail plea of a POCSO Accused when it noted that very few lady counsels appear to represent the victims from the side of the High Court Legal Services Committee.
"The High Court Legal Services Committee, High Court Allahabad has been empanelled counsels to represent the victims. However, it is noticed that very few lady counsels have appeared for the victims. In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls," the Court said.
Case title - Ishrat v. State [CRIMINAL APPEAL No. - 1935 of 1992]
Case Citation: 2022 LiveLaw (AB) 396
The Allahabad High Court upheld the conviction and 3-year imprisonment awarded to a man who had mutilated the private part of a 4-year-old girl in the year 1988 and was convicted by the Sessions Court under sections 324 and 354 IPC.
The bench of Justice Krishan Pahal categorically held that mutilating the private part of the minor girl cannot be termed as an act of a person of normal virtues and that the accused had committed the act out of severe sexual lust and a sadistic approach.
"This is one of the most serious and diabolic offence committed against a minor girl of tender age of four years," the Court remarked as it canceled the Bail bonds of the accused-appellant and he was directed to surrender before the court below forthwith to serve out his remaining sentence.
Other updates from the High Court
Case title - C/M Jago Rajbhar Jago Samiti And Another v. Himanshu Kumar, Principal Secretary [CONTEMPT APPLICATION (CIVIL) No. - 4706 of 2022]
The Allahabad High Court has issued a contempt notice to the Principal Secretary, Social Welfare Department for his failure to take a decision on the representations moved before the state government seeking inclusion of Rajbhar caste in the list of Scheduled Tribes.
The notice has been issued in connection with an order of the High Court dated March 11, 2022, wherein the department was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.
Case title - Rama Shankar Tiwari Alias Rama Shankar And Others v. State Of U.P. Thru. Prin. Secy. Law Justice Civil Secret. Lucknow And Others PUBLIC INTEREST LITIGATION (PIL) No. - 527 of 2022]
Hearing a Public Interest Litigation (PIL) Plea challenging the recent appointments of state law officers alleging that the process was not transparent, the Allahabad High Court has stressed the need to reform the system of selection and appointment of the State Law Officers and has remarked the entire process should be more transparent and objective.
Referring to the Apex Court's ruling in the case of State of Punjab vs. Brijeshwar Singh Chahal, the bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh further observed that the State UP had not taken any step to evolve a policy to make the system of selection and appointment of the State Law Officers more transparent, fair and objective.
Case title - Jyoti Rajpoot v. State Of U.P. Thru. Prin. Secy. Social Welfare Civil Deptt Govt. Of U.P. Lko. And Others
The Allahabad High Court has directed the Additional District Magistrate, Lucknow to file an affidavit regarding the steps which have been taken or are proposed to be taken for proper implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within three weeks.
This order comes days after the bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh had expressed its concern about the reported deficiency in the implementation of "The Senior Citizens Act, 2007" and the rules framed thereunder, in district Lucknow.
