Allahabad High Court Weekly Round Up: February 14 To February 20, 2022

1. Matrimonial Case Transfer- Wife Not Having Anyone To Accompany Her Across Long Distance A Relevant Factor: Allahabad HC

Case title - Smt. Shakshi Agrawal v. Sri Ashutosh Agrawal

Case citation: 2022 LiveLaw (AB) 45

The High Court has observed that the fact that a wife is not having anyone to accompany her across a long distance is also a relevant consideration in ordering the transfer of a matrimonial case.

The Bench of Justice J. J. Munir observed thus while allowing a transfer application filed by a wife seeking transfer of a matrimonial case (filed by the husband) from the court of Principal Judge, Family Court, Gautam Budh Nagar to the court of Principal Judge, Family Court, Allahabad.

2. Allahabad HC Dismisses PIL Seeking Postponement Of Assembly Polls On Ground Of Discrepancies In ECI's Poll Data

The High Court dismissed a Public Interest Litigation (PIL) plea seeking postponement of Uttar Pradesh State Assembly Polls 2022 on grounds of certain discrepancies in the information/data provided by the Election Commission of India regarding UP Assembly polls.

Essentially, the PIL plea moved by petitioner in person Rajan Singh submitted that the Election Commission of India, while issuing the Press Note giving the information to hold the assembly elections in five states, gave certain factually incorrect information.

3. Motor Accident- Insurer Not Absolved From Paying Damages Merely Because Erring Driver Had Fake Driving Licence: Allahabad HC

Case title - National Insurance Company Ltd. v. Kewal Krishna Arora And Others

Case citation: 2022 LiveLaw (AB) 47

In a motor accident death claim case, the High Court recently observed the insurance company cannot be permitted to avoid its liability only on the ground that the person driving the vehicle, which caused the accident of the deceased, was not duly licensed at the time of the accident.

Referring to a 2003 ruling of the Apex Court (United India Insurance Company Limited vs. Lehru and others), the bench of Justice Subhash Chandra Sharma observed that it was not expected of the employer to verify the genuineness of a driving license from the issuing authority at the time of employment.

4. HC Can Interfere In Appeal Against Acquittal If Trial Court's View Is Found To Be 'Perverse': Allahabad High Court

Case title - Virendra Singh v. State Of U.P. And 3 Others

Case Citation: 2022 LiveLaw (AB) 48

The High Court observed that the High Court should interfere with the judgment and order of acquittal passed by the Trial Cour if it arrives at a finding that the trial Court's decision was perverse or otherwise unsustainable.

The Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi observed thus while dismissing an appeal filed against the 2017 order passed by the Additional Sessions Judge, Mathura acquitting the 3 persons under Section 302 I.P.C. and Section 25 of Arms Act.

5. Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Pics Of PM Narendra Modi On FB

Case title - Chhangur Yadav v. State of U.P.

Case Citation: 2022 LiveLaw (AB) 49

The High Court granted bail to a man who has been accused of posting objectionable pictures of the Prime Minister of India Narendra Modi on Facebook and WhatsApp which allegedly enraged the public at large.

The Bench of Justice Krishan Pahal granted him bail keeping in view the nature of the offence, evidence on record regarding the complicity of the accused, larger mandate of Article 21 of the Constitution of India.

6. Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action

Case title - Om Prakash v. Shakti Singh, Tehsildar

Case citation: 2022 LiveLaw (AB) 50

The High Court directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstained from work on every date between February 5, 2020 to January 5, 2022.

The Bench of Justice Rohit Ranjan Agarwal issued this extraordinary order after observing that the Apex Court has held the strikes by lawyers to be illegal and had directed that the judicial work cannot be stopped and hampered at the instance of the lawyers.

7. POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HC Grants Bail To Man Who Married 14-Yr-Old Victim

Case title - Atul Mishra v. State Of U.P. And 3 Others

Case citation: 2022 LiveLaw (AB) 51

The High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby.

The Bench of Justice Rahul Chaturvedi also remarked that it would be extremely harsh and inhuman to devoid the baby from parental love and affection on account of the fact that both the accused and minor victim loved each other and decided to get married.

The Court, in a significant clarification also said that the scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers are involved in a dense romantic affair.

8. [S. 372 CrPC] Victim Has No Right To Prefer Appeal Against Acquittal Order Passed Before Dec 31, 2009: Allahabad HC

Case title - ­ Toofani v. State Of U.P. And 13 Others

Case Citation: 2022 LiveLaw (AB) 52

The High Court has observed that a Victim/Informant under Section 372 of CrPC can't prefer an appeal against an acquittal/lesser offence/inadequate compensation order passed before December 31, 2009 (the day on which a proviso was added to Section 372 CrPC).

It may be noted that the proviso to Section 372 CrPC says that a victim/informant has a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation.

The Bench of Justice Vivek Kumar Birla and Justice Mohd. Aslam however clarified that such an appeal can be filed only if the order in question has been passed after the enforcement of the proviso to Section 372 CrPC.

9. "Sponsored Litigation To Affect Communal Harmony During Polls": Allahabad HC Dismisses Contempt Plea Over Loudspeakers In Temple-Mosque

The High Court dismissed a contempt plea filed regarding the usage of loudspeakers in the Temple as well as Mosque and observed that the same is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections.

Essentially, the Bench of Justice Rohit Ranjan Agarwal was hearing a contempt plea filed by one Islamuddin against Rabindra Kumar Mander, D.M. Rampura alleging that he is willfully disobeying the order passed by the Allahabad High Court in a 2015 Public Interest Litigation (PIL) plea.

10. Person Who Is To Be Interrogated Or Questioned Can't Decide The Interrogation Venue: Allahabad High Court

Stressing that the investigating agency and the investigating officer have unfettered power of investigation, the High Court observed that it is not open for the person, who is to be interrogated or questioned to decide the venue of such interrogation.

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed that the High Court has no power to interfere with the investigation under the exercise of its power under Article 226.

11. "Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage Registration

Case title - Rina Kinnar And Another v. State of U.P. and Another

Case Citation: 2022 LiveLaw (AB) 55

The High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the Sub Registrar, Hindu Marriage, District Varanasi to consider and decide the online application for marriage filed by them

12. Double Murder Case: Allahabad HC Sets Aside NSA Detention Order Against Former UP Minister Kamlesh Pathak

Case title - Kamlesh Pathak v. Union Of India And 3 Others

Case Citation: 2022 LiveLaw (AB) 56

The High Court set aside the detention order passed against former Minister of State and MLC Kamlesh Pathak under the National Security Act, 1980 in connection with a March 2020 double murder case.

This order was passed by the division bench of Justice Sunita Agrawal and Justice Sadhana Rani Thakur in a habeas corpus petition filed by Pathak (Detenue/Petitioner) to quash the impugned detention order passed by the District Magistrate, Auraiya in January 2021 and orders passed on different dates in March, April, July, and October 2021 extending detention of the petitioner.

13. S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Case title - Smt. Geeta And 4 Others v. State of U.P. and Another

Case citation: 2022 LiveLaw (AB) 57

The High Court has clarified that as per Section 202 (1) CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.

The Bench of Justice Manju Rani Chauhan further observed that as per the provision of Section 202 Cr.P.C. (as amended with effect from 23.06.2006), the requirement is that in those cases, where the accused is residing at a place beyond the area in which the concerned Magistrate exercises his jurisdiction, it is mandatory on the part of Magistrate to conduct an inquiry or investigation before issuing the process.

Important Weekly Updates From the High Court/UP courts

1. Subordinate Courts In UP To Remain Open For Judicial Work From Today: Allahabad High Court Issues Guidelines

In view of the decreasing COVID cases in the state, the High Court issued fresh guidelines for the functioning of Subordinate Courts and Tribunals. From February 14 onwards, all the Courts (including tribunals) subordinate to the High Court were opened to take up the Judicial work & Administrative matters.

2. Lakhimpur Kheri Case: Allahabad HC Adds Missing S. 302 IPC In Ashish Mishra's Bail Order, Allows Correction Plea

Allowing a correction plea, the High Court added missing Sections 302 (murder) and 120B (criminal conspiracy) of IPC in its recent order granting bail to Ashish Mishra, the son of Union Minister and the prime accused in the Lakhimpur Kheri Violence case

It may be noted that the Bench of Justice Rajeev Singh had granted bail to Mishra on February 10 and its original bail order, it was stated that Mishra had been booked under sections 147, 148, 149, 307, 326, 427/34 of IPC and section 30 of Arms Act and Section 177 of M.V. Act.

Also read: [Ashish Mishra Bail] Possible That Driver Tried To Speed Up Vehicle To Save Himself From Protestors: Allahabad High Court

Union Minister's Son Ashish Mishra Granted Bail By Allahabad High Court In Lakhimpur Kheri Violence Case

3. Nithari Killings: Allahabad HC Slams CBI For Failure To Produce Autopsy Reports In Surendra Koli's Appeal Against Death Penalty

The Allahabad High Court today slammed the Central Bureau of Investigation (CBI) for its failure to produce the post mortem reports of the victims of the Nithari case (also known as the 2006 Noida Serial Murders case).

Essentially, the Bench of Justice Manoj Misra and Justice Sameer Jain was hearing an appeal filed by accused Surinder Koli against his conviction and sentence of the death penalty. Koli has been found guilty of rapes and murder of several children between 2005 and 2006 and has been was sentenced to death in over 10 cases.

4. [SSB Exam] Candidates Declared Medically Unfit For Having Religious Tattoo On Right Forearm: Allahabad HC Seeks Centre's Reply

Case title - Avneesh Kumar And 2 Others v. Union Of India And 4 Others

The High Court sought the reply of the Central Government and High Officials of Sashastra Seema Bal (SSB) on a plea filed by 3 candidates who were denied employment on account of certain tattoos on a certain part of their hands (forearm).

The Bench of Justice Siddhartha Varma directed the Centre's and SSB's counsel to seek instructions in this regard and the matter was posted for further hearing on February 23.

5. Allahabad HC Orders Immediate Medical & Financial Assistance For A Mentally Retarded Lady Found Unattended

Case title - Jyoti Rajpoot v. State Of U.P. Thru. Prin. Secy. Home, Lko. And Another

Dealing with a Public Interest Litigation (PIL) plea, the High Court ordered Medical and Financial assistance for a mentally retarded lady found roaming on the toads of Lucknow, unattended.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan was hearing a PIL plea moved by one Jyoti Rajpoot with a prayer to issue appropriate directions ensuring the welfare of a mentally retarded young woman who was found roaming around in an area of Lucknow and was unattended.

6. Allahabad HC Issues Notice On PIL Against UP Govt's Decision To 'Dis-Identify' Certain Posts For Blind Persons

The High Court issued a notice to the Uttar Pradesh Government and its prompt counter-affidavit on a Public Interest Litigation (PIL) plea filed challenging the government's decision to make blind persons ineligible to apply for several government posts.

The Plea has been moved by All India Confederation of the Blind and National Association of the Visually Handicap through Advocate Shwetabh Singh and it states that several posts, which were already identified for blind persons and such persons are already working effectively on such posts, have been dis-identified / exempted for blind persons.

7. 1200-Crore Fertilizer Subsidy Scam: Allahabad High Court Hands Over Probe To CBI To 'Unveil Dolphins Accused'

Case title - Avinash Kumar Modi v. State of U.P. and Another

The High Court handed over the probe into an alleged scam of Rs. 1200/- crores in the subsidy to the manufacturers of fertilizers, without the actual supply of fertilizers by the manufacturers to the distributors.

The Bench of Justice Gautam Chowdhary ordered thus in a 482 CrPC plea filed by one of the accused in the scam, Avinash Kumar Modi who sought for quashing the entire criminal proceedings in the case against him under Sections 409, 420, 467, 468, 471, 120-I.P.C.

8. 'Arrangement/Safety For Stray Cattle In Rural Areas': Allahabad HC Appoints Amicus Curiae, Seeks UP Govt's Reply

Case title - Yogindra Misra v. State of U.P. and others

The High Court decided to deal with the issue of stray cattle menace in rural areas and therefore, it appointed Advocate Yogendra Misra, assisted by Advocate S. M. Singh Royekwar to assist the Court in the matter as Amicus Curie.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan also directed the State Counsel to seek instructions in the matter within a period of two weeks.

Further, the Court has also sought a counter affidavit within the said period from the Chief Development Officer, who serves as the Chairman of a Committee constituted for the safety of cattle in the cattle shades.