Allahabad High Court Weekly Round-Up: February 6 To February 12, 2023

Swami Chinmiyanand Saraswati Pupil vs. State Of U.P. And Another 2023 LiveLaw (AB) 49

Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others 2023 LiveLaw (AB) 50

Lal Jeet and Tej Bahadur vs. State of U.P. along with a connected appeal 2023 LiveLaw (AB) 51

Uma Shankar Singh And 10 Others vs. State of U.P. 2023 LiveLaw (AB) 52

Bitola @ Rinku vs. State Of U.P. And Another 2023 LiveLaw (AB) 53

State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. Vs. Mohd. Rizwan @ Raziwan 2023 LiveLaw (AB) 54

ORDERS/JUDGMENTS OF THE WEEK

Shahjahanpur Rape Case 2011| After 'No Objection' From State & Complainant, Allahabad HC Grants Anticipatory Bail To Chinmayanand Saraswati

Case Title - Swami Chinmiyanand Saraswati Pupil vs. State Of U.P. And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11900 of 2022]

Case Citation: 2023 LiveLaw (AB) 49

The Allahabad High Court granted anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011 after the state did not oppose his bail plea.

In fact, the Counsel for the complainant filed a counter affidavit stating that the complainant has no objection, whatsoever, if Chinmayanand is enlarged on anticipatory bail.

Man Accused Of Burning Copies Of Ramcharitmanas| 'Follow S. 41A CrPC Mandate, Arnesh Kumar Guidelines': Allahabad HC To Police

Case title - Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others

Case Citation: 2023 LiveLaw (AB) 50

While dealing with the writ plea of a man accused of burning the copies of Ramcharitmanas, the Allahabad High Court directed the police authorities to follow the mandate of Section 41A CrPC and also the directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar.

The bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari however denied to quash the FIR filed against Accused Mahendra Pratap Singh who has been booked under Sections 120-B, 142, 143, 153-A, 295, 295-A, 298, 504, 505(2), 506 I.P.C.

‘Cruel, Merciless & Uncivilized Act’: Allahabad HC Upholds Life Sentence Awarded To 2 For Committing Gang Rape Against 7 Y/O Girl

Case title - Lal Jeet and Tej Bahadur vs. State of U.P. along with a connected appeal

Case Citation: 2023 LiveLaw (AB) 51

The Allahabad High Court upheld the order of a Session Court awarding life imprisonment to 2 persons after finding them guilty of committing gang rape against a 7-year-old girl in the year 2010.

Refusing to reduce the sentence awarded to the convicts, the bench of Justice Suneet Kumar and Justice Umesh Chandra Sharma observed thus:

“It is not a case of rape by juvenile, a single accused with a mature lady or with a girl who is on the verge of attaining the age of puberty or majority. The victim was not knowing even the nature of the offence. Therefore, considering the nature of injuries, age of the victim, age of the accused persons and that it is a case of gang rape with a little girl, this Court is of the view that the trial court has rightly imposed the sentence of life imprisonment and fine of Rs.10,000/- each.”

Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case

Case title - Uma Shankar Singh And 10 Others vs. State of U.P. [APPLICATION U/S 482 No. - 2704 of 2023]

Case Citation: 2023 LiveLaw (AB) 52

The Allahabad High Court allowed an application of the Public Prosecutor's application for 'Withdrawal From Prosecution' as provided under Section 321 CrPC against the lone Bahujan Samaj Party MLA in Uttar Pradesh, Umashankar Singh in connection with a cheating case.

The Bench of Justice Dinesh Kumar Singh noted that the concerned Public Prosecutor had not only considered the facts and circumstances of the case but also considered the evidence in a fair detailed manner.

Object Of Maintenance Proceedings Isn't To Punish Husband For His Past Neglect But To Prevent Destitution Of Deserted Wife: Allahabad HC

Case title - Bitola @ Rinku vs. State Of U.P. And Another [CRIMINAL REVISION No. - 811 of 2022]

Case Citation: 2023 LiveLaw (AB) 53

The Allahabad High Court set aside an order of the Family Court rejecting the application of one Bitola (revisionist/wife) seeking maintenance from her Husband on the ground that she is staying away from her husband without any sufficient reason.

The bench of Justice Raj Beer Singh observed that the Family Court conducted the proceedings without being alive to the objects and reasons and the spirit of the provisions under Section 125 of CrPC and disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife, who is unable to maintain herself.

Allahabad HC Initiates Suo Moto Contempt Proceedings Against An Advocate Who Misled Court To Obtain Favourable Bail Order

Case title - State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. Vs. Mohd. Rizwan @ Raziwan [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 114 of 2022]

Case Citation: 2023 LiveLaw (AB) 54

The Allahabad High Court initiated suo moto criminal contempt proceedings against an advocate who misled the court to obtain a bail order.

The bench of Justice Dinesh Kumar Singh passed this order against Advocate Parmanand Gupta after finding that he obtained a favorable order for his client concealing the fact that another bail plea had earlier been rejected by another bench of the court.