Allahabad High Court Weekly Round-Up: January 30 to February 5, 2023

Javed Mohammad @ Pump vs. State of U.P. 2023 LiveLaw (AB) 43

Abbas Ansari and another vs. State of U.P. and 2 others 2023 LiveLaw (AB) 44

Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others 2023 LiveLaw (AB) 45

Fuzail vs. State of UP 2023 LiveLaw (AB) 46

Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others 2023 LiveLaw (AB) 47

ORDERS/JUDGMENTS OF THE WEEK

'Can't Say He Was Instrumental In Prayagraj Violence': Allahabad High Court Grants Bail To Prime Accused Javed Jailed In June 2022

Case title - Javed Mohammad @ Pump vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 53834 of 2022]

Case Citation: 2023 LiveLaw (AB) 43

The Allahabad High Court granted bail to the Welfare Party Of India Leader Javed Mohammad who is the prime accused in the June 2022 Prayagraj Violence case. He has been accused of leading the mob which allegedly damaged public property and set police vehicles on fire.

The bench of Justice Sameer Jain observed that from the perusal of the FIR and the statements of prosecution witnesses recorded during the investigation, it appears that general allegations were made against all the accused persons including the applicant.

'Hisab Kitab' Remark| 'Acts Promoting Divisiveness Impinge Upon Pluralism': Allahabad HC Denies Relief To UP MLA Abbas Ansari

Case title - Abbas Ansari and another vs. State of U.P. and 2 others [Application U/S 482 No.25838 of 2022]

Case Citation: 2023 LiveLaw (AB) 44

The Allahabad High Court refused to quash criminal proceedings initiated against 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 said that considering the context and the intention with which the offending words were spoken in a public meeting by Ansari, at this stage it cannot be said that the offence under Section 153-A IPC is not attracted against the petitioner.

"The scope of power under Section 482 Cr.P.C. is limited, and it should be exercised in exceptional cases where the complaint or charge sheet does not disclose any offence. Whether the offence under Section 153-A IPC gets attracted or not, would depend on the quality of evidence led by the prosecution during the trial. However, at this stage, this Court does not find any ground to interfere with the ongoing proceedings or the charge sheet," the Court's order reads.

UPHJS Exam 2020| 'Can't Challenge Selection Process After Taking Calculated Chance In Interview': Allahabad HC Denies Relief To A Candidate

Case Title: Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others [WRIT - A No. - 672 of 2023]

Case Citation: 2023 LiveLaw (AB) 45

The Allahabad High Court denied relief to an unsuccessful candidate who appeared for an Interview of the Uttar Pradesh Higher Judicial Service Examination 2020 and challenged the final select list after her name did not appear in the list.

The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi noted that she took a calculated chance of being successful in the interview, but when the result was not favorable to her, she challenged the select list and thus, her writ plea was not maintainable.

Man Accused Of Selling Sugarcane Juice Adulterated With Beef Granted Bail By Allahabad High Court

Case title – Fuzail vs. State of UP [CRIMINAL MISC. BAIL APPLICATION No. - 397 of 2023]

Case Citation: 2023 LiveLaw (AB) 46

The Allahabad High Court granted bail to one Fuzail who has been accused of selling sugarcane juice which was adulterated with beef.

The bench of Justice Deepak Verma granted him bail keeping in view the nature of offence, evidence, and complicity of the accused and the law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau Of Investigation | 2022 LiveLaw (SC) 577.

Accused Fuzail, booked under Sections 323, 504, 295-A I.P.C. and Section 3, 5 of U.P. Prevention of Cow Slaughter Act, 1955, had moved the High Court seeking bail on the ground that he is innocent and has been falsely implicated in the case due to ulterior motive.

Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court

Case title - Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others [CRIMINAL MISC. WRIT PETITION No. - 7522 of 2022]

Case Citation: 2023 LiveLaw (AB) 47

The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.

The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995 only enjoins upon the IO to file such a charge sheet where, based on evidence collected during the investigation, the offence is made out.