Allahabad High Court Weekly Round-Up: January 16 To January 21, 2023

Asif Khaliq vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 16

Saumitra Anand and others vs. High Court of Judicature at Allahabad and others 2023 LiveLaw (AB) 17

Neelam Devi vs. State of U.P. 2023 LiveLaw (AB) 18

Adarsh Bhushan vs. State of U.P 2023 LiveLaw (AB) 19

Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy./Addl.Chief Secy. Home And Another 2023 LiveLaw (AB) 20

Anand Shankar Pandey And 2 Others vs. State Of U.P And Another 2023 LiveLaw (AB) 21

Bhanu Pratap Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 22

Sanni @ Nitish @ Nitish Agrahari And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others 2023 LiveLaw (AB) 23

Nafisa And 4 Others vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 24

State of U.P. vs. Mukhtar Ansari S/O Subhan Ullah Ansari 2023 LiveLaw (AB) 25

Manjeet Alias Pintoo vs. State of U.P. 2023 LiveLaw (AB) 26

Vijay Masih (Pastor) vs. State Of UP 2023 LiveLaw (AB) 27

Sidhique Kappan vs. State Of U.P. Thru. Prin. Secy. Home Lko 2023 LiveLaw (AB) 28

Madan Mohan Saxena vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 29

Nizamuddin Khan vs. State of U.P. 2023 LiveLaw (AB) 30

Digvijay Chaube vs. State of U.P. 2023 LiveLaw (AB) 31

Orders/Judgments of the week

Allahabad High Court Imposes Rs. 1 Lakh Cost On Man For Filing Plea Making False Averments, Suppressing Material Facts

Case title - Asif Khaliq vs. State Of U.P. And 2 Others [WRIT - C No. - 16263 of 2022]

Case Citation: 2023 LiveLaw (AB) 16

The Allahabad High Court imposed a ₹1 lakh cost on a man who filed a writ petition making false averments and suppressing material facts.

The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji directed the petitioner (Asif Khaliq) to deposit the cost with the High Court Legal Services Committee within two weeks.

'Matter Engaging Attention On Administrative Side': Allahabad HC In PIL Seeking Rational Use Of Paper In UP Courts

Case title - Saumitra Anand and others vs. High Court of Judicature at Allahabad and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1891 of 2020]

Case Citation: 2023 LiveLaw (AB) 17

The Allahabad High Court said that the issue regarding the rational use of paper in all judicial filings in all Courts/judicial forums in the State of UP is engaging the attention of the Court on the administrative size.

The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir said so while dismissing a Public Interest Litigation (PIL) plea, inter alia, urging for use of double-printed A4 paper in courts. The Court has, however, welcomed the petitioners to submit suggestions in this regard.

'Substantial' Compliance Of S. 50 NDPS Act Can't Be Ascertained At The Stage Of Bail, But During Trial: Allahabad High Court

Case title - Neelam Devi vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 29318 of 2022]

Case Citation: 2023 LiveLaw (AB) 18

The Allahabad High Court has observed that at the stage of bail, it is only to be seen whether provisions of Section 50 of the NDPS Act have been prima facie complied with or not and it cannot be precisely ascertained whether compliance with Section 50 of the NDPS Act had been substantially made or not, as the same can only be ascertained during the trial.

The bench of Justice Sameer Jain observed thus while dealing with the plea of an NDPS Accused seeking bail on the ground that at the time of search and recovery, the mandatory provisions of Section 50 of the NDPS Act were not complied with.

15% Of School Fee Paid During COVID Period (2020-21) To Be Adjusted/Refunded To Students, Orders Allahabad High Court

Case title - Adarsh Bhushan vs. State of U.P [PUBLIC INTEREST LITIGATION (PIL) No. - 576 of 2020]

Case Citation: 2023 LiveLaw (AB) 19

The Allahabad High Court directed the private schools to adjust/pay back the excess money (15% of the total fee) that was charged from students during the COVID Pandemic period (2020-21 session).

The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered thus while hearing a bunch of petitions filed by aggrieved parents from all over the State seeking regulation of fees in all government and private schools in Uttar Pradesh.

Breaking| Allahabad HC Denies Relief To Arvind Kejriwal In Case Over Alleged 'Khuda Believers Won't Be Pardoned If They Vote For BJP' Remark

Case title - Arvind Kejriwal vs. State Of U.P. Thru. Prin. Secy./Addl.Chief Secy. Home And Another [APPLICATION U/S 482 No.42 of 2023]

Case Citation: 2023 LiveLaw (AB) 20

The Allahabad High Court upheld the Sultanpur Court's order rejecting Delhi CM Arvind Kejriwal's discharge plea filed in connection with a 2014 case registered against him allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP".

The bench of Justice Rajesh Singh Chauhan said that it appeared that Kejriwal is threatening the voters in the name of Khuda knowing fully well that if he uses the term ‘Khuda’, some set of voters belonging to different religions might have severely been influenced.

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Case title - Anand Shankar Pandey And 2 Others vs. State Of U.P And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8536 of 2022]

Case Citation: 2023 LiveLaw (AB) 21

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail.

The bench of Justice Manju Rani Chauhan observed thus while denying anticipatory bail to three persons (father-in-law, mother-in-law, and wife of the deceased) accused of abetting the suicide of a man.

Allahabad High Court Denies Anticipatory Bail To Man Accused Of Luring 90 Hindus To Convert To Christianity

Case title - Bhanu Pratap Singh vs. State Of U.P. And 2 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12343 of 2022]

Case Citation: 2023 LiveLaw (AB) 22

The Allahabad High Court denied anticipatory bail to a man accused of luring 90 Hindus to convert to Christianity by putting them under undue influence, coercion by playing fraud, and promise of easy money, etc.

Stressing that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only, the bench of Justice Jyotsna Sharma denied the relief as it did not find any good ground to grant anticipatory bail to the accused.

Attempt To Murder Case| 'Offence Against Society, Injured Persons Can't Pardon Accused': Allahabad HC Refuses To Quash Proceedings

Case title - Sanni @ Nitish @ Nitish Agrahari And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [APPLICATION U/S 482 No. - 24 of 2023]

Case Citation: 2023 LiveLaw (AB) 23

The Allahabad High Court on Tuesday refused to quash proceedings against the accused persons in an attempt to murder case on the basis of a compromise between the accused and the injured victims as it called the offence 'against the society'.

The bench of Justice Subhash Vidyarthi observed that the crime was against the society and not against the injured sons of the informant alone and, therefore, the informant and his sons have no authority to pardon the accused persons.

"The acts allegedly committed by the petitioners (accused persons) involve firing gun shots in broad day light hitting two persons in their chests and such offence is a very serious offence and the material on record, namely, the medico-legal examination report of the injured persons and the statements recorded during investigation, fully support the FIR allegations," the Court remarked as it dismissed a Section 482 CrPC plea moved by the accused.

'Prima Facie Case Made Out': Allahabad HC Denies Relief To 5 Women Of 'Nafisa Gang' Allegedly Involved In Filing False Rape Cases

Case title - Nafisa And 4 Others vs. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No.-14344/2022]

Case Citation: 2023 LiveLaw (AB) 24

The Allahabad High Court refused to quash FIR against and stay the arrest of the 5 women members of the alleged 'Nafisa Gang' which is allegedly involved in filing false rape/SC-ST Act cases against innocent persons for the purpose of extracting money.

The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar observed that a prima facie case is made out against the petitioners, which requires a detailed investigation to be carried out by the Authorities.

Allahabad High Court Sets Aside Ghazipur Court's Order Granting 'Superior Class' In Prison To Mukhtar Ansari

Case title - State of U.P. vs. Mukhtar Ansari S/O Subhan Ullah Ansari [APPLICATION U/S 482 No. - 903 of 2023]

Case Citation: 2023 LiveLaw (AB) 25

The Allahabad High Court has set aside the March 2022 order of a Trial Court in UP's Ghazipur directing the SSP of Banda District Jail to grant 'Superior Class' in prison to 'known gangster' and former UP MLA Mukhtar Ansari.

Calling Ansari a dreaded criminal and a bahubali, the bench of Justice Dinesh Kumar Singh found the order of the First Additional Sessions Judge/Special Judge, MP/MLA, Ghazipur as not only without jurisdiction but also unsustainable on merits. Consequently, the order of the Ghazipur was set aside.

Destitute Accused In Jail For Over 3 Yrs: Allahabad HC Directs UPSLSA To Ensure Compliance Of Its Order On Access To Legal Aid

Case title - Manjeet Alias Pintoo vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 59616 of 2022]

Case Citation: 2023 LiveLaw (AB) 26

The Allahabad High Court directed the Secretary, Uttar Pradesh State Legal Services Authority to ensure compliance of its 2022 order in the case of 'Anil Gaur @ Sonu @ Sonu Tomar v. State of U.P. 2022 LiveLaw (AB) 435' wherein it issued several positive directions for the State regarding providing access to legal aid to undertrials.

The bench of Justice Ajay Bhanot was prompted to pass this order while hearing the bail plea of a kidnapping accused who remained in jail as he did not have access to legal aid as he belong to the economically poor strata of society.

Allahabad High Court Grants Bail To A Pastor Accused Of Luring 90 Hindus To Convert To Christianity

Case title - Vijay Masih (Pastor) vs. State Of UP [CRIMINAL MISC. BAIL APPLICATION No. - 57506 of 2022]

Case Citation: 2023 LiveLaw (AB) 27

The Allahabad High Court granted bail to a pastor who has been accused of luring 90 Hindus to convert to Christianity by putting them under undue influence, coercion by playing fraud, and promise of easy money, etc.

Taking note of the records of the case, the bench of Justice Sameer Jain noted that it appeared that on the basis of general allegations, he was made accused in the present matter along with 35 named persons, and out of 35 persons 6 persons have already been released on bail and thus, he was entitled to be released on bail on the ground of parity.

UAPA Case| ‘Prima Facie His Counsel Wasn’t Heard’: Allahabad HC Directs NIA Court To Decide Siddique Kappan's Discharge Plea Afresh

Case title - Sidhique Kappan vs. State Of U.P. Thru. Prin. Secy. Home Lko. [APPLICATION U/S 482 No. - 161 of 2023]

Case Citation: 2023 LiveLaw (AB) 28

The Allahabad High Court has directed the special NIA Court in Lucknow, trying the UAPA Case against Kerala Based journalist Siddique Kappan, to decide his discharge plea AFRESH after giving an opportunity of hearing to his counsel. With this, the Court also quashed the order of the NIA court's framing charges against him.

The bench of Justice Shree Prakash Singh passed this order on Monday after observing that the Trial Court had, while proceeding to frame charges, neither accepted, nor rejected Kappan’s discharge plea, and prima facie no opportunity for a hearing was granted to his counsel.

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Case title - Madan Mohan Saxena vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 23675 of 2022]

Case Citation: 2023 LiveLaw (AB) 29

The Allahabad High Court quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.

Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet and entire case proceedings under Section 39/49B of the Electricity Act pending against him.

Allahabad High Court Grants Bail To SDPI State President Nizamuddin Khan Booked Under UAPA For Alleged PFI Connection

Case title - Nizamuddin Khan vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 1461 of 2023]

Case Citation: 2023 LiveLaw (AB) 30

The Allahabad High Court has granted bail to Nizamuddin Khan, the State President of the Social Democratic Party of India (SDPI) in the UAPA case over his alleged connection with the banned organization Popular Front of India (PFI) and involvement in anti-national activities.

Khan, who has been booked under sections 295A, 109, 120B, 201 I.P.C., and section 13 of UAPA, was arrested on September 27, 2022, from Aligarh allegedly with objectionable material and unconstitutional literature.

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

Case title - Digvijay Chaube vs. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10053 of 2022]

Case Citation: 2023 LiveLaw (AB) 31

The Allahabad High Court has granted anticipatory bail (till submission of the police report, if any) to a man accused of inciting the public to demolish the Gyanvapi Mosque.

The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505(2) I.P.C.

“In the event of arrest of the applicant- Digvijay Chaube, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned…,” the Court ordered.

Other Updates from the High Court

'Hisab Kitab' Remark Case| Allahabad High Court Reserves Verdict In MLA Abbas Ansari's Plea For Quashing Proceedings

The Allahabad High Court last week reserved its verdict in criminal proceedings quashing the plea filed by Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.

The bench of Justice Dinesh Kumar Singh reserved the verdict today after hearing arguments of counsels for Ansari and the State Government.

The case against Ansari pertains to an alleged statement by him threatening government officials with payback at a public rally in Mau district in March 2022, if the SP-SBSP alliance forms the government in the state.

Use Terms 'District Judiciary' & 'Trial Courts' Instead Of 'Subordinate Judiciary' & 'Subordinate Courts' For Courts In UP: Allahabad HC

The Allahabad High Court has issued a notification resolving that the terms 'district judiciary' and 'trial Courts' shall be used instead of 'subordinate judiciary' and 'subordinate Courts', respectively, in reference to all Courts other than the High Court, in the State of Uttar Pradesh.

The notification dated 17 January has been issued by the Registrar General of the High Court notifying the decision of the full court taken on January 11, 2023. The Allahabad High Court is the third High Court in the country to have passed such a resolution. The complete notification reads thus:

"The Hon'ble Chief Justice and Hon'ble Judges of the High Court of Judicature at Allahabad in the Full Court meeting held on 11.01.2023, resolved that "the terms "district judiciary" and "trial Courts" shall be used instead of "subordinate judiciary" and "subordinate Courts", respectively, in reference to all Courts other than the High Court, in the State of Uttar Pradesh." Therefore, all concerned are hereby informed, accordingly."

[GYANVAPI] Allahabad High Court Grants Further 8 Weeks' Time To ASI To Reply On Safe Evaluation Of 'Shiva Linga' Age

The Allahabad High Court has granted a further 8 weeks' time to the Archaeological Survey Of India (ASI) to give an opinion as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done.

The bench of Justice J. J. Munir passed this order in a revision plea moved before it challenging the Varanasi Court's October 14 order wherein it had rejected Hindu worshippers' plea for conducting a scientific probe of the 'Shiva Linga', reportedly found inside Gyanvapi Mosque premises on May 16.

Allahabad High Court Stays Rs.1,081 Crores GST Demand Against Paytm

Case Title: One 97 Communications Limited Versus UOI

The Allahabad High Court has stayed the Goods and Service Tax (GST) demand of Rs. 1,081 crores against Paytm.

"The amount of tax due on the transaction has already been paid, and the only dispute is whether it is to be treated as an intra-state sale or an inter-state sale; recovery of the demand raised shall remain stayed till the next date of hearing," the division bench headed by Chief Justice Rajesh Bindal and Justice J.J. Munir said while listing the matter for hearing on April 27, 2022.