Allahabad High Court Weekly Round Up: January 10 To January 16, 2022

The High Court observed that an application under Section 482 CrPC is maintainable to quash the proceedings, which are ex facie bad for want of sanction as required under Section 197 of Crpc (Prosecution of Judges and public servants).

With this, the Bench of Justice Chandra Kumar Rai set aside a summoning order passed by the Judicial Magistrate Farrukhabad against a Lekhpal (applicant number 1) and a Kanoongo (applicant number 2) in the Consolidation department (both public servants) without obtaining necessary sanction as provided under Section 197 of CrPC.

While denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, the Allahabad High Court today observed that those who deposit money in banks are honest and it is the responsibility of the banks to keep their money safe 'at any cost'.

The Bench of Justice Shekhar Yadav also observed that those people who do not deposit crores of rupees in the bank and rather hide the same in the basements of their houses, are responsible for hollowing out the economic prosperity of the country.

Opining that the bank has to take responsibility for such cases wherein the money of their customers is withdrawn by cybercriminals as such customers are more honest towards the country since they put their white money in banks.

"Bank account holders' money should be safe. Not only because the customer deposits money in the bank so that he/she can withdraw it when needed, but also because the money deposited by the customers in the bank is white and due to which, the economic condition of the country also improves. On the other hand, there are people in the country who do not deposit crores of rupees in the bank and keep it hidden in the basements of their houses. The banks do not get any benefit from it, and they also hollow out the economic condition of the country. In such a situation, that customer of the bank is more honest towards the country and his money should be kept safe by the bank at all costs and if in any way the money is withdrawn by cybercriminals, then for this, the bank has to take responsibility for it," the Court opined.

While denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, the High Court expressed its agreement with a submission made by the Union Government regarding the filing of a review petition against the Supreme Court's 2018 Adhaar Verdict before the SC.

In its 2018 Verdict, the Supreme Court had ruled that the move of mandatory linking of Aadhaar with bank account does not satisfy the test of proportionality.

Essentially, the Bench of Justice Shekhar Kumar Yadav was hearing the submissions of RBI, State Government, BSNL, and Union government regarding the measures that could be taken to tackle cyber frauds/cyber crimes/fraudulent withdrawal of money from banks.

Referring to a Supreme Court's Judgment delivered in 2021, the High Court observed that fixing notional income at Rs.15,000/- per annum for a family's non-earning members is not just and reasonable.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Ajai Tyagi was hearing an appeal filed by the parents of a 7-year-old deceased boy, seeking enhancement of quantum, against Motor Accident Claims Tribunal's order awarding Rs.1,80,000 as compensation with interest at the rate of 7.5% per annum.

In order to make virtual court proceedings more efficient and user-friendly, the Allahabad High Court has decided to adopt the CISCO WebEx Events platform for video conferencing at Lucknow Bench.

This development comes almost 6 months after the Allahabad High Court (at Prayagraj bench) decided to adopt the CISCO WebEx Events platform for video conferencing at Allahabad in place of the JITSI Meet platform.

Expressing its dismay over the progress of a civil suit and the way the concerned Judge at Mathura Court fixed the dates in the matter, the Allahabad High Court on Monday observed that even during a severe COVID-19 upsurge, judicial function, like many other solemn functions of the State, can't be shut down.

The Bench of Justice J. J. Munir further remarked that for the time being, the CoViD-19 pandemic upsurge is a recurrent feature and thus, it does not mean that the functioning of Courts should come to a standstill.

"The Courts must function and discharge their duties by adopting and adapting ways and means necessary for the dispensation of justice. During a severe CoViD-19 upsurge, judicial function, like many other solemn functions of the State, may be discharged differently, but they cannot be forsaken or the system of justice shut down," the Court observed.

The High Court will hear the arguments in Ashish Mishra's bail plea (filed in connection with a case filed against him on murder charges for the Lakhimpur Kheri incident) on January 18, 2022.

Mishra, the son of Union Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra is the prime accused in the Lakhimpur Kheri Violence case is under police custody and has moved to the Allahabad High Court seeking bail in the case.

On Tuesday (January 11), the counsel appearing on behalf of Mishra prayed before the Bench of Justice Rajeev Singh that the matter be listed on January 18, and on that day, Senior Advocate Gopal Chaturvedi would be arguing the matter.

In view of this, the Court has now listed the matter on January 18. It may be noted that the affidavits have already been exchanged between the parties.

The High Court has directed the Sports Authority of India to ensure participation of the Indian Handball national team in the 20th Asian Men's Handball Championship, scheduled to be held from Jan 18 to Jan 31 in Saudi Arabia.

This order was made by the bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari which was hearing the writ plea of a member of the Indian Team, Mohit Yadav.

Essentially, Yadav had moved the High Court highlighting the fact that the budget for sponsoring the Indian team to participate in the tournament was earmarked by the Sports Authority of India, however, the same was not being released on account of some election proceedings taking place to constitute the management body in Handball Federation of India.

"It takes a lot of courage for a woman employee to make the imputations of such a serious nature against that very P.O. under whom she has been working," a UP Court observed as it denies anticipatory bail to the Presiding Officer of Commercial Court, Jhansi of raping a woman employee working under her.

The Sessions Judge, Jhansi Jyotsna Sharma was hearing the anticipatory bail to the judicial officer, Kautilya Gaur who has been booked under sections 376, 511, 354A, 354B, 509, 323, 504,506 IPC in a 2020 case registered by a ministerial staff working in the court of Accused-Judge