Allahabad High Court Weekly Round Up: August 29 To September 4, 2022

Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko 2022 LiveLaw (AB) 397

Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 398

Kanta v. State of U.P. 2022 LiveLaw (AB) 399

Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P 2022 LiveLaw (AB) 400

Rajdhari Yadav v. State of U.P. and Another 2022 LiveLaw (AB) 401

Gabbar Patel @ Dharmendra v. State 2022 LiveLaw (AB) 402

Dr. Vijay Arora v. King George Medical University Thru. Registrar Lko And Others 2022 LiveLaw (AB) 403

Pramod Kumar Singh And 5 Others v. State Of U.P. And 11 Others along with a connected plea 2022 LiveLaw (AB) 404

Mohd. Saif Ali v. State of U.P 2022 LiveLaw (AB) 405

Gufran Shaikh @ Gani Munawwar v. State of U.P. and Another 2022 LiveLaw (AB) 406

Annu Tandon and three others v. State Through Railway Protection Force 2022 LiveLaw (AB) 407

Eklavya Kumar v. State Of U.P. Thru. Addl.Chief Secy./Prin.Secy.P.W.D. And Anr. 2022 LiveLaw (AB) 408

Peeyush Kumar Jain v. Union of India 2022 LiveLaw (AB) 409

Satakshi Mishra v. State Of U.P. Thru. Prin. Secy. Secondary Edu. Dept. Lucknow And 4 Others 2022 LiveLaw (AB) 410

Kuldeep Sharma @ Kuldeep Hindu v. State Of U.P. Thru. Prin. Secy. Home Lko. 2022 LiveLaw (AB) 411

Dr. B.R. Ambedker Granthalaya Evam Jan Kalyan v. State of U.P. and others 2022 LiveLaw (AB) 412

Amitabh Thakur v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2022 LiveLaw (AB) 413

Mohd. Sarfaraz v. Mohd. Abid And 3 Others 2022 LiveLaw (AB) 414

Sri Bal Ganesh Pooja Mahotsav Samiti Thru. President Laxmi Niwas Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others 2022 LiveLaw (AB) 415

JUDGMENTS/ORDERS OF THE WEEK

"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case

Case title - Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko [Criminal Misc, Anticipatory Bail Application U/S 438 Cr.P.C. No. - 1396 of 2022]

Case Citation: 2022 LiveLaw (AB) 397

The Allahabad High Court (Lucknow bench) last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.

Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by the Court.

"Considering the serious allegations that accused-applicant got registered his arm license fraudulently and obtained prohibited Barrels, weapons and cartridges in large numbers by taking ground of shooting; and he has purchased weapons and cartridges, which are prohibited in shooting practice and against the Notification dated 4.8.2014 of the Government of India, and also considering the fact that accused-applicant has been avoiding the process of the Court, against whom proclamation has been issued, this Court does not find any ground to grant anticipatory bail to the accused-applicant."

Allahabad High Court Directs Mathura Court To Decide Plea For Survey Of Shahi Idgah Mosque Premises Within 4 Months

Case title - Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others

Case Citation: 2022 LiveLaw (AB) 398

The Allahabad High Court has directed the Mathura Court to decide on two applications pending before it, filed in connection with the Sri Krishna Janambhumi Dispute, within 4 months. The applications essentially seek a survey of the disputed site and the appointment of a court commissioner for the purpose of the survey.

The Bench of Justice Piyush Agrawal issued this order on a plea made by Bhagwan Shri Krishna Virajman And Another by observing thus:

"Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide application dated 13.5.2022 i.e. paper no. 35 Ga and 37 Ga u/s 26 CPC pending in aforesaid case in accordance with law expeditiously and preferably within a period of four months from the date of receipt of certified copy of this order, but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment."

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case

Case title - Kanta v. State of U.P. [CRIMINAL APPEAL No. - 549 of 1983]

Case Citation: 2022 LiveLaw (AB) 399

The Allahabad High Court last week upheld the conviction of a man under Section 304 of the IPC who was sentenced to three years rigorous imprisonment under Section 304 (II) of the IPC for committing culpable homicide not amounting to murder in the year 1981.

Stressing that relationship is not a factor to affect credibility of a witnes, the bench of Justice Vikram D. Chauhan observed that mere statement that being relatives of the deceased they are likely to falsely implicate the accused cannot be a ground to discard the evidence which is otherwise cogent and credible.

"Merely because the witnesses are family members their evidence cannot per se be discarded. When there is allegation of interestedness, the same has to be established...It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person. Foundation has to be laid if plea of false implication is made. There is no bar in law on examining family members as witness. Evidence of a related witness can be relied upon provided it is trustworthy," the Court further remarked.

Allahabad High Court Grants Bail To Slain Gangster Vikas Dubey's Brother In Cheating Case

Case title - Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 54178 of 2021]

Case Citation: 2022 LiveLaw (AB) 400

The Allahabad High Court has granted bail to the slain gangster Vikas Dubey's brother Deepak Dubey in connection with a cheating case. The allegation against Dubey is that he was found using a sim card registered in someone else's name with the intention to commit crime.

However, keeping in view the nature of the offence, the argument advanced on behalf of the parties, evidence on record regarding the complicity of the accused, and the larger mandate of Article 21 of the Constitution of India, the bench of Justice Siddharth granted him bail.

Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court

Case title - Rajdhari Yadav v. State of U.P. and Another [CRIMINAL REVISION No. - 3607 of 2021]

Case Citation: 2022 LiveLaw (AB) 401

The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C.

"A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. so far as, they are not in contradictions with the special Act NDPS Act, shall be applicable to the NDPS Act and as in the NDPS Act no procedure for interim custody of the vehicle is prescribed Sections 451 and 457 of Cr.P.C. specifically deal with the custody and disposal of property pending trial and the procedure to be followed by the police upon seizure of property," the bench of Justice Sadhna Rani (Thakur) remarked.

Prosecution Must Establish Case Beyond Reasonable Doubt Even If Accused Pleads Guilty In Statement U/S 313 CrPC: Allahabad High Court

Case title - Gabbar Patel @ Dharmendra v. State [JAIL APPEAL No. - 5752 of 2007]

Case Citation: 2022 LiveLaw (AB) 402

The Allahabad High Court has observed that even if an accused pleads guilty in his statement recorded under Section 313 CrPC, even then the prosecution has to establish its case beyond so as to obtain an order of the court regarding the guilt of the accused.

"...mere stating of being guilty (by the accused) in the statement under Section 313 Cr.P.C. will end the issue and would lead the route only to the guilt of the accused without prosecution establishing its case beyond reasonable doubt against him through cogent, reliable and admissible evidence," the bench of Justice Samit Gopal remarked.

With this, the Court acquitted Accused/Gabbar Patel of charges under section 307 IPC by extending the benefit of the doubt.

"No Allegation Regarding Misconduct Of A Sexual Nature" : Allahabad High Court Sets Aside Suspension Of A Junior Resident Doctor

Case title - Dr. Vijay Arora v. King George Medical University Thru. Registrar Lko And Others [WRIT - C No. - 2917 of 2020]

Case Citation: 2022 LiveLaw (AB) 403

The Allahabad High Court set aside a suspension order passed against a junior resident doctor who was restrained from taking up any medical work on the allegation that he had sexually abused the daughter of a patient

The Court noted that there was no allegation against the petitioner (a junior resident doctor) with regard to any misconduct of a sexual nature so as to warrant the punishment as had been awarded to him.With this, the bench of Justice Pankaj Bhatia allowed a writ plea moved by Dr. Vijay Arora challenging his suspension order passed by the management of the King George Medical University, Lucknow.

Excise Constable Exam | "Male Chauvinism Unacceptable": Allahabad HC Dismisses Plea Challenging Different PET Criteria For Males & Females

Case title - Pramod Kumar Singh And 5 Others v. State Of U.P. And 11 Others along with a connected plea [WRIT - A No. - 4225 of 2022]

Case Citation: 2022 LiveLaw (AB) 404

The Allahabad High Court dismissed two pleas challenging criteria of different yardsticks for physical efficiency tests for males and females for the U.P. Subordinate Service Selection Board Excise Constable recruitment exam.

The bench of Justice Saurabh Shyam Shamshery observed that the classification of men and women in physical efficiency is not arbitrary and therefore, the allegation of discrimination between men and women is baseless and cannot be accepted.

"In the present recruitment, females have succeeded in huge numbers and it appears that unsuccessful male candidates are not able to cope up with the fact that female have overnumbered them in merit. It is an example of 'male chauvinism' which is unacceptable in twenty first century," the Court further remarked.

Allahabad High Court Grants Bail To Man Accused Of Tweeting Offensive Comments Against Hindu Women

Case title - Mohd. Saif Ali v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 31532 of 2022]

Case Citation: 2022 LiveLaw (AB) 405

The Allahabad High court has granted bail to one Mohd. Saif Ali, who has been accused of posting certain offensive tweets against the modesty of Hindu women. The Court observed that Said had made out a case of bail.

Essentially, the bench of Justice Deepak Verma ordered to release him bail in view of the entire facts and circumstances of the case, submissions of counsel for the parties and keeping in view the nature of offence, evidence, and complicity of the accused.

"Victim-Accused Living Happily As Wife-Husband": Allahabad High Court Quashes POCSO Case, Relies On Meghalaya HC's Ruling

Case title - Gufran Shaikh @ Gani Munawwar v. State of U.P. and Another [APPLICATION U/S 482 No. - 10258 of 2021]

Case Citation: 2022 LiveLaw (AB) 406

The Allahabad High Court quashed an FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (who was a minor at the time of the incident) were 'happily' living with each other as husband and wife.

The bench of Justice Gautam Chowdhary granted bail to one Gufran Shaikh who had been booked under Sections 363, 366, 376 I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(v) SC/ST (Prevention of Atrocities Act), 1989.

Rail Roko Protest | "Citizens Have Right To Protest Against Govt Policies/ Inaction In A Democracy W/O Committing An Offence": Allahabad HC Modifies Ex-MP's Sentence

Case title - Annu Tandon and three others v. State Through Railway Protection Force [CRIMINAL APPEAL No. - 638 of 2021]

Case Citation: 2022 LiveLaw (AB) 407

Stressing that in democracy under our Constitution, people have the right to protest against Government policies/action/inaction, provided the protest does not lead to the commission of an offence by the protesters, the Allahabad High Court today modified the sentence awarded to Ex-MP Annu Tandon and others in connection with a 'Rail Roko Protest' Case.

The bench of Justice Dinesh Kumar Singh observed that except for detaining the train for 15 minutes, there was no damage to private and public property by the protesters and by and large, it was a peaceful and symbolic protest.

Can Order Recovery U/R 351-A Of Civil Service Regulations After Retirement Only If Pecuniary Loss Is Caused To State: Allahabad HC

Case title - Eklavya Kumar v. State Of U.P. Thru. Addl.Chief Secy./Prin.Secy.P.W.D. And Anr.

Citation: 2022 LiveLaw (AB) 408

The Allahabad High Court has clarified that after the retirement of a government servant, the state government is empowered under regulation Rule 351- A of the Civil Service Regulations to order the recovery from his/her pension, however, the same can be done only where it is established that some financial loss has been caused to the State.

With this, the bench of Justice Alok Mathur quashed an order of the UP Government holding the petitioner (retired Executive Engineer) guilty and awarding a punishment of deduction of 5% from his pension for a period of three years.

"No Rule To Deny Bail In Case Of Grave Economic Offence": Allahabad HC Grants Bail To Businessman Accused Of Stashing ₹196 Crore In Cash

Case title - Peeyush Kumar Jain v. Union of India [CRIMINAL MISC. BAIL APPLICATION No. - 21223 of 2022]

Case Citation: 2022 LiveLaw (AB) 409

The Allahabad High Court granted bail to Kanpur-based Perfume businessman, Peeyush Jain in connection with a case registered against him for allegedly stashing cash amounting to Rs. 196.57 Crores. He has been directed to furnish a personal bond of Rs.10 Lakhs and two reliable sureties each of the like amount.

The bench of Justice Subhash Vidyarthi granted him bail as it noted that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case since there is no such bar created in the relevant enactment passed by the legislature nor does the bail jurisprudence provide so.

"The position of law regarding grant of bail which emerges from the judgments of the Supreme Court referred to above, is that the basic jurisprudence relating to bail in economic offences remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. It is not advisable to categorize all economic offences into one group and deny bail on that basis. One of the circumstances to consider the gravity of the offence is the term of sentence that is prescribed for the offence the accused is alleged to have committed," the Court remarked.

'Maternity Act' Doesn't Provide For Time Difference Between 1st & 2nd Child For Grant Of Maternity Benefits: Allahabad HC Grants Relief To Woman

Case title - Satakshi Mishra v. State Of U.P. Thru. Prin. Secy. Secondary Edu. Dept. Lucknow And 4 Others [WRIT - A No. - 5114 of 2022]

Case Citation: 2022 LiveLaw (AB) 410

The Allahabad High Court has observed that the Maternity Benefits Act, 1961 Act does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits. A

With this, the Court granted relief to an Inter College lecturer whose application for maternity leave had been rejected by placing reliance on Rule 153(1) of the Financial Handbook by contending that the same contains a restriction that the second maternity leave cannot be granted where there is a difference of less than two years between the end of the first maternity leave and grant of second maternity leave.

Gangster Act Case| Allahabad HC Grants Bail To 'Int'l Hindu Leader' Who Allegedly Misused CM Yogi's Popularity To Cheat Public At Large

Case title - Kuldeep Sharma @ Kuldeep Hindu v. State Of U.P. Thru. Prin. Secy. Home Lko. [CRIMINAL MISC. BAIL APPLICATION No. - 9799 of 2022]

Case Citation: 2022 LiveLaw (AB) 411

The Allahabad High Court granted bail to a self-styled international Hindu Leader and Yogi Sena Pramukh, Kuldeep Sharma @ Kuldeep Hindu in a Gangster Act Case.

The prosecution under the Gangster Act had been launched against Sharma on the basis of a criminal case registered against him for allegedly misusing the popularity of the present Chief Minister of Uttar Pradesh, Yogi Adityanath, and fooling various persons to deposit money in bank accounts run by him.

"Only Parliament Can Include A Caste In The SC List": Allahabad HC Quashes UP Govt Orders Notifying 17 OBCs As Scheduled Castes

Case title - Dr. B.R. Ambedker Granthalaya Evam Jan Kalyan v. State of U.P. and others [PUBLIC INTEREST LITIGATION (PIL) No. - 2129 of 2017]

Case Citation: 2022 LiveLaw (AB) 412

In a significant order, the Allahabad High Court has quashed the orders of the Uttar Pradesh Government recognizing or acknowledging 17 Other Backward Classes sub-castes as Scheduled Castes. The Court said that this exercise could have been undertaken only by way of parliamentary law.

"The provisions of Article 341 of the Constitution do not leave any scope for including any Caste or Group to the list of Scheduled Caste in a State provided by the Constitution (Scheduled Castes) Order, 1950, except by law made by Parliament," the Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir held.

Accused Can't Seek Trial Court's Direction To Prosecuting Agency To Collect A Particular Piece Of Evidence: Allahabad High Court

Case title - Amitabh Thakur v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. [APPLICATION U/S 482 No. - 5954 of 2022]

Case Citation: 2022 LiveLaw (AB) 413

The Allahabad High Court has observed that an accused cannot ask the trial Court for a direction to the prosecuting agency that a shred of particular evidence is collected which may be in his favor.

The bench of Justice Dinesh Kumar Singh dismissed a petition moved by Former IPS Officer Amitabh Thakur, who had sought the preservation of the Call Detail Records (CDR) of the then Additional Chief Secretary Home, DGP, ADG Women's Cell, Police Commissioner Lucknow along with other police officials.

Mindset Developed Among Public To Overawe Judges By Complaining & Maligning Them On Baseless Allegations: Allahabad High Court

Case title - Mohd. Sarfaraz v. Mohd. Abid And 3 Others [TRANSFER APPLICATION (CIVIL) No. - 528 of 2022]

Case Citation: 2022 LiveLaw (AB) 414

While dismissing a plea filed seeking transfer of a civil case to another court, the Allahabad High Court remarked that a mindset has developed among the general public to overawe Judges by complaining and maligning them on baseless allegations.

The petitioner, Mohd. Sarfaraz had sought the transfer of the case from the Court of Civil Judge (Jr. Division), Nagina, District - Bijnore to any other Court of competent jurisdiction in the Judgeship of Bijnore by leveling allegations against the Presiding Officer, Civil Judge (Jr. Division).

[Ganesh Chaturthi] Authorities Must Maintain Tranquility So That Religious Rituals Are Observed Freely: Allahabad High Court

Case title - Sri Bal Ganesh Pooja Mahotsav Samiti Thru. President Laxmi Niwas Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others [WRIT - C No. - 5854 of 2022]

Case Citation: 2022 LiveLaw (AB) 415

In a significant observation, the Allahabad High Court has said that the administrative authorities cannot absolve themselves of the responsibility for law and order and maintaining tranquility to ensure that the religious practices and rituals are observed freely and without any invasion of public tranquility.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla further remarked that administrative authorities are required to blend their decision and not be indifferent to the people of faith.

With this, the Court disposed of a plea seeking a writ of mandamus to the Shravasti District Administration to allow the representation filed by the petitioner [Sri Bal Ganesh Pooja Mahotsav Samiti] seeking permission to celebrate Ganesh Chaturthi between August 31 to September 6 and to allow idol immersion.

Other updates of the Week

Hathras Rape And Murder Case: Allahabad High Court Seeks Trial Progress Report From The CBI

Case title - Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat v. State Of U.P. Thru Additional Chief Secretary Home And Ors.

The Allahabad High Court on Tuesday sought a trial progress report in the Hathras Gang Rape and Murder case from the CBI. A status report has also been requisitioned from the Trial Court through the District Judge, Hathras as to the status of Sessions before the next date [September 20, 2022].

The bench of Justice Rajan Roy and Justice Jaspreet Singh gave the direction to CBI counsel Anurag Kumar Singh.

Prima Facie State Govt Liable To Pay Compensation To Kin Of Persons Who Die Due To Poisonous Liquor Consumption: Allahabad High Court

Case title - Rani Sonkar And 10 Others v. State Of U.P. And 3 Others [WRIT - C No. - 24481 of 2022]

The Allahabad High Court has observed that the State Government, having complete control and regulation to manufacture and sale of liquor, is prima facie liable to pay compensation to the kin of deceased who die due to the consumption of Poisonous liquor.

The bench of Justice Surya Prakash Kesarwani and Justice Saurabh Srivastava observed that under the U.P. Excise Act, 1910 and Rules framed, the State Government has complete control and regulation to manufacture and sale of liquor, and thus, prima facie, they are also liable to pay a specified amount to the sufferer or successors of the deceased under the provisions of "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna" which provides for compensation on account of death or permanent disability due to poison etc.

Lakhimpur Kheri Violence: Allahabad High Court Grants Interim Bail To Accused Ankit Das For 15 Days On Medical Ground

The Allahabad High Court has granted short-term bail to Lakhimpur Kheri Violence Accused Ankit Das on medical grounds. The bench of Justice Dinesh Kumar Singh ordered for his release on interim bail for 15 days on his filing a personal bond and two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned.

Das is among the 13 men who have been accused of killing four farmers and a journalist in Lakhimpur Kheri on October 3. Das, who is the nephew of the former Union minister Akhilesh Das, and the SUV which was behind the Thar that knocked down the four farmers is said to be owned by him.