Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023

Ranbir Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 56

Suneeta Pandey vs. State Of U.P. And Another 2023 LiveLaw (AB) 57

Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director 2023 LiveLaw (AB) 58

Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors. 2023 LiveLaw (AB) 59

Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another 2023 LiveLaw (AB) 60

Salman Khurshid vs. State of U.P. and Another 2023 LiveLaw (AB) 61

Kushwaha Mahasabha and another vs. State of U.P. and others 2023 LiveLaw (AB) 62

Santosh Gupta vs. State Of U.P.And 4 Ors 2023 LiveLaw (AB) 63

M/S Yash Kothari Public Charitable Trust Versus State Of U.P. And 2 Others 2023 LiveLaw (AB) 64

Prem Narayan Pandey vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 65

Jitendra Narayan Tyagi Alias Syed Waseem Rizvi vs. The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others 2023 LiveLaw (AB) 66

Anees vs. State of U.P 2023 LiveLaw (AB) 67

Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 68

Inayat Altaf Shekh And 3 Others vs. State Of UP and Another 2023 LiveLaw (AB) 69

ORDERS/JUDGMENTS OF THE WEEK

'Azadi-Ka-Amrit Mahotsav' Relates To Citizens' Welfare But Police Administration Feels More Comfortable To Remain With Colonial Structure: Allahabad HC

Case title - Chantara vs. State of U.P.

Case Citation: 2023 LiveLaw (AB) 55

"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure," the Allahabad High Court observed recently while taking exception to a counter affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent.

Can't Withhold Promotion On Ground Of Adopting Sealed Cover Procedure During Pendency Of Criminal Case: Allahabad High Court

Case title - Ranbir Singh vs. State Of U.P. And 2 Others [WRIT - A No. - 1789 of 2022]

Case Citation: 2023 LiveLaw (AB) 56

The Allahabad High Court observed that the Competent Authority can not withhold the recommendation of a person indefinitely on the ground of adopting the sealed cover procedure during the pendency of the criminal case.

The bench of Justice Jaspreet Singh observed thus while granting relief to one Ranbir Singh (presently serving as a Tehsildar with the State Government and seeking promotion to the post of a Deputy Collector) by directing the Competent Authority to consider his claim of opening the sealed cover within a period of eight weeks from the date.

A Woman Facilitating Act Of Rape With A Group Of People May Be Prosecuted For 'Gang Rape' U/S 376D IPC: Allahabad High Court

Case title - Suneeta Pandey vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 39234 of 2022]

Case Citation: 2023 LiveLaw (AB) 57

The Allahabad High Court observed that a woman can not commit the offence of rape but if she facilitates the act of rape with a group of people then she may be prosecuted for 'Gang Rape' under Section 376D Of IPC in view of the amended provisions.

Perusing the provisions of Section 375 and 376 IPC (as amended by Act 13 of 2013 of the Indian Penal Code, 1860), the bench of Justice Shekhar Kumar Yadav rejected the argument that a woman cannot be prosecuted for the alleged commission of the offence of gang rape.

Allahabad High Court Denies Bail To Alleged PFI Leader Accused Of Collecting Over ₹20 Crore For Unlawful Activities

Case title - Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director [CRIMINAL MISC. BAIL APPLICATION No.7719 of 2022]

Case Citation: 2023 LiveLaw (AB) 58

The Allahabad High Court rejected the bail plea of the alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case wherein he has been accused of collecting and laundering funds over Rs. 20 crores for the PFI.

The bench of Justice Rajesh Singh Chauhan rejected the bail plea today.

It may be noted that the ED raided Peediyakkal’s residence as well as the Munnar Villa Vista Project (MVVP) site in December 2021 wherein it found several discrepancies in the receipt of suspicious foreign funds from abroad and also in cash expenses incurred and recorded in the books of accounts.

Borrowers Pays Full Compromise Amount: Allahabad High Court Directs Bank To Reconsider Wilful Default

Case Title: Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors. [WRIT - C No. - 35965 of 2022]

Citation: 2023 LiveLaw (AB) 59

The Allahabad High Court Bench, comprising of Justice Manoj Kumar Gupta and Justice Vikram D. Chauhan, while adjudicating a petition filed in Konarkagro Polytech Pvt. Ltd. & Ors. v Bank of Baroda & Ors., directed the Bank to re-consider its decision of declaring the Borrowers (Petitioners) as wilful defaulters, as a One Time Settlement (OTS) was subsequently entered between the Bank and Borrowers and full compromise amount has been towards the Petitioner Company’s accounts.

The Bench also granted liberty to the Borrowers to avail legal remedy if the Bank’s decision on their representation is not favourable to them.

JJ Act| 'Child In Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC': Allahabad HC Disagrees With Bombay HC's 2022 Ruling

Case title - Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11542 of 2022]

Case Citation: 2023 LiveLaw (AB) 60

The Allahabad High Court observed that a child in conflict with the law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can not file an application under Section 438 of CrPC seeking anticipatory bail.

"In case, the provisions of Section 438 Cr.P.C. are allowed to hold the field in the matters of juvenile, the aim and object of the Act shall be defeated. The interpretation of law cannot be devised in a way, so as to put a hurdle in the broader and solemn aim which is sought to be achieved by this enactment," the Court said.

Allahabad HC Quashes Case Against Salman Khurshid For Alleged 'Rishte Mein Unke Baap' Remark Against Yogi Adityanath

Case title - Salman Khurshid vs. State of U.P. and Another [APPLICATION U/S 482 No. - 38523 of 2019]

Case Citation: 2023 LiveLaw (AB) 61

The Allahabad High Court has quashed a criminal case registered against Congress leader Salman Khurshid for allegedly making an indecent remark against the Chief Minister of Uttar Pradesh Yogi Adityanath.

During the electioneering for Lok Sabha Election 2019, while referring to Uttar Pradesh's Chief Minister Yogi Adityanath, Congress leader Khurshid had allegedly said: “Rishte me ham unke Baap Lagte hai".

'Litigants Going To Any Extent To Mislead Court': Allahabad HC Imposes ₹1 Lakh Cost On Govt Teacher For Filing PIL Suppressing Material Facts

Case title - Kushwaha Mahasabha and another vs. State of U.P. and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1969 of 2022]

Case Citation: 2023 LiveLaw (AB) 62

Observing that nowadays litigants can go to any extent to mislead the court, the Allahabad High Court imposed a ₹1 lakh cost on a Government Teacher who filed a Public Interest Litigation (PIL) plea by suppressing material facts.

The bench of the then Chief Justice Rajesh Bindal and Justice J. J. Munir further observed that in the post-Independence period, materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings.

Murder Case Against MoS Ajay Mishra: Allahabad HC Permits Revisionist's Legal Heirs To Participate In State's Appeal Against Acquittal

Case title - Santosh Gupta vs. State Of U.P.And 4 Ors [CRIMINAL REVISION No. - 221 of 2004]

Case Citation: 2023 LiveLaw (AB) 63

The Allahabad High Court allowed the legal heirs of Santosh Gupta (now dead), who was the complainant in the Prabhat Gupta Murder case of 2000 in which the Union Minister Ajay Mishra 'Teni' is the prime accused, to participate, as 'Victims', in the State's appeal moved before the High Court challenging Teni's acquittal.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on an application moved before it bringing on record the surviving legal heirs of the original revisionist (Santosh Gupta), who, being the complainant, had instituted a revision plea before the HC in 2005 against the judgment of acquittal.

Taxing Authorities Can't Stop Assessee From Claiming Statutory Right: Allahabad High Court

Case Title: M/S Yash Kothari Public Charitable Trust Versus State Of U.P. And 2 Others [WRIT TAX No. - 1027 of 2022]

Case Citation: 2023 LiveLaw (AB) 64

The Allahabad High Court has held that the taxing authorities cannot, in the garb of technicality, stop any assessee from claiming his statutory right, as provided under the Income Tax Act.

The bench of Justice Rohit Ranjan Agarwal has observed that, due to the mistake of the department or a technical glitch in the software, when an appeal of an assessee is not reflected on the portal, the department cannot deny the appeal filed offline on technical grounds.

UP Excise Act Case: Allahabad High Court Allows Application For 'Withdrawal From Prosecution' Against UP BJP MLA PN Pandey

Case title - Prem Narayan Pandey vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 666 of 2023]

Case citation: 2023 LiveLaw (AB) 65

The Allahabad High Court allowed an application of the Public Prosecutor for 'Withdrawal From Prosecution' (as provided under Section 321 CrPC) against UP BJP MLA Prem Narayan Pandey in connection with a case registered against him under the UP Excise Act.

With this, the Court set aside the judgment and order passed by the Additional Session Judge, Special Judge (M.P./M.L.A.), Gonda (in November 2020) rejecting the plea of the public prosecutor.

Allahabad High Court Denies Anticipatory Bail To Jitendra Tyagi In Case Over Allegations Of Raping Driver's Wife Repeatedly

Case title - Jitendra Narayan Tyagi Alias Syed Waseem Rizvi vs. The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 302 of 2023]

Case Citation: 2023 LiveLaw (AB) 66

The Allahabad High Court DENIED anticipatory bail to Jitendra Narayan Tyagi Alias Syed Waseem Rizvi in connection with a rape case registered against him in the year 2021 by the wife of his former driver.

Noting that non-bailable warrants have been issued against Tyagi by the Additional Chief Judicial Magistrate, Lucknow last month, the bench of Justice Mohd. Faiz Alam Khan did not find any good ground to provide him protection from arrest.

Can’t Delve Into Quality Or Quantity Of Evidence At The Stage Of Adjudicating A Bail Application: Allahabad High Court

Case title - Anees vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 23624 of 2020]

Case Citation: 2023 LiveLaw (AB) 67

The Allahabad High Court observed that at the stage of adjudicating a bail application, it cannot delve into the quality or quantity of evidence and it can only consider whether the delinquent appears to have committed the crime and whether he is entitled to bail or not.

With this, the bench of Justice Krishan Pahal denied bail to a man who has been accused of killing his wife pursuant to setting her on fire. It was argued by the defence counsel that many prosecution witnesses had not supported the case of the prosecution.

Fatehpur Mass Religious Conversion Case: Allahabad High Court Refuses To Quash FIR Against 37 Accused

Case title - Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others [CRIMINAL MISC. WRIT PETITION No. - 1814 of 2023]

Case Citation: 2023 LiveLaw (AB) 68

The Allahabad High Court refused to quash a First Information Report (FIR) filed against 37 persons accusing them of coerced the first informant into religious conversion (Hinduism to Christianity) by inducements.

While doing so, the Court rejected the argument of the counsel for the accused persons that the instant FIR (filed by an aggrieved person as per the UP Prohibition of Unlawful Conversion of Religion Act) be quashed since there is already an FIR pending related to the same case.

Allahabad HC Transfers Case Against J&K Students Accused Of Celebrating Pakistan's T20 Win Against India From Agra To Saharanpur

Case title - Inayat Altaf Shekh And 3 Others vs. State Of UP and Another [TRANSFER APPLICATION (CRIMINAL) No. - 308 of 2021]

Case Citation: 2023 LiveLaw (AB) 69

The Allahabad High Court transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.

The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their counsel submitted before the Court that the District Bar Association, Agra has made a resolution that they will not defend the case of applicants.