Allahabad High Court Weekly Round-Up: January 9 To January 15, 2023

Ravi Kumar vs. State Of U P And 2 Others 2023 LiveLaw (AB) 6

Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. 2023 LiveLaw (AB) 7

Pintu Kumar vs. State of U.P 2023 LiveLaw (AB) 8

Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors 2023 LiveLaw (AB) 9

Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others 2023 LiveLaw (AB) 10

Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another 2023 LiveLaw (AB) 11

Kailash vs. State of U.P along with a connected appeal 2023 LiveLaw (AB) 12

Paras Prasad vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 13

Mokhtar Ansari vs. State of U.P 2023 LiveLaw (AB) 14

Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors. 2023 LiveLaw (AB) 15

ORDERS/JUDGMENTS OF THE WEEK

Irresponsible Insinuations Against Judicial Officers Have Become A Fashion: Allahabad HC Imposes Rs. 50K Cost On A Petitioner

Case title - Ravi Kumar vs. State Of U P And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 15459 of 2022]

Case Citation: 2023 LiveLaw (AB) 6

The Allahabad High Court took an exception to the ‘fashion’ of making irresponsible insinuations about the judiciary or its officers and observed that this unholy practice has to be whole-heartedly discouraged and deplored by every responsible person in society.

The Court also said that we are presently living in a democracy in its ugliest form, where nobody has got any regard for any institution.

Student's Suicide Case| Allahabad HC Sets Aside Trial Court's 'Non Speaking Order' Rejecting Discharge Plea Of School Principal, Teacher

Case title - Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. [CRIMINAL REVISION No. - 604 of 2019]

Case Citation: 2023 LiveLaw (AB) 7

The Allahabad High Court set aside a 'non speaking' order of the trial court dismissing the discharge plea moved by the Principal and PT Teacher of a Lucknow-based School in a case registered against them under Section 305 IPC for allegedly abetting the suicide of a 12th Student by giving him corporal punishment.

In its January 6 order, the bench of Justice Brij Raj Singh noted that the trial court, while dismissing the discharge plea, had not examined the facts of the case coupled with the requirement of offences under Section 107 (Abetment of a thing), 305 (Abetment of suicide of child or insane person) IPC and Section 227 (Discharge) CrPC.

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Case title - Pintu Kumar vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 37170 of 2022]

Case Citation: 2023 LiveLaw (AB) 8

The Allahabad High Court denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her.

“Such criminal tendencies growing in the society must be nipped in the bud to convey a strong message to the culprits in the society,” the bench of Justice Saroj Yadav observed as it called the alleged offence, a ‘serious’ one.

Writ Petition Raising Service Disputes Not Maintainable Against Private Educational Institution: Allahabad High Court

Case title - Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors [SPECIAL APPEAL DEFECTIVE No. - 2 of 2018]

Case Citation: 2023 LiveLaw (AB) 9

The Allahabad High Court observed that the employees of a private educational institution do not have the right to invoke the writ powers of the High Court in respect of matters relating to service where they are not governed or controlled by the statutory provisions.

The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi observed thus while denying relief to the petitioner, one Devesh Verma, who was removed from the post of Lecturer in Christ Church College, Lucknow in July 1992 after he misbehaved with the college principal.

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR

Case title - Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 9 of 2023]

Case Citation: 2023 LiveLaw (AB) 10

The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR.

The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted that such a prayer need not be addressed in a public interest litigation.

Conversion Of Plea U/S 156 (3) CrPC Into A Complaint Isn't An Interlocutory Order; Revision Against It Maintainable: Allahabad HC

Case title - Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another [APPLICATION U/S 482 No. - 26037 of 2022]

Case Citation: 2023 LiveLaw (AB) 11

The Allahabad High Court has observed that a Magistrate’s order, rejecting an application under Section 156(3) CrPC or converting it into a complaint, is not an interlocutory order and the aggrieved party can prefer revision against it under Section 397 CrPC.

The court also added that such an order of the magistrate cannot be challenged in a plea moved under Section 482 CrPC as an alternative remedy of filing a revision under section 397 CrPC is available to the aggrieved party.

Carrying Firearm To Place Of Occurrence Indicates Intention Of Accused To Cause Death: Allahabad HC Upholds Murder Conviction

Case title - Kailash vs. State of U.P along with a connected appeal

Case Citation: 2023 LiveLaw (AB) 12

The Allahabad High Court upheld the conviction and life sentence awarded to two men for killing a man with a country-made pistol in the year 2005.

The court said that the act of the accused carrying a firearm weapon at the place of occurrence was itself indicative of their intention to cause death or such injury as is likely to cause death.

The bench of Justice Suneet Kumar and Justice Vikram D. Chauhan also noted that the nature of the injury and the body part, where the injuries were sustained, indicated that the Accused-Appellant fired on the deceased with the intention of causing injury as is likely to cause death or the injuries were sufficient in the ordinary course of nature to cause death.

‘Govt Is Seized Of The Matter: Allahabad High Court Disposes Of PIL To Control Crop Damage Due To Wild Boar & Blue Bull

Case title – Paras Prasad vs. State Of U.P. And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 2306 of 2022]

Case Citation: 2023 LiveLaw (AB) 13

The Allahabad High Court disposed of a Public Interest Litigation (PIL) plea concerning losses of crops of farmers due to the movement of wild boar and blue bull by noting that the Government is seized of the matter.

The bench of Justice Manoj Misra and Justice Vikas Budhwar noted that the Government is seized of the matter and is taking steps to minimize the losses, and hence, it was not necessary to monitor the matter at this stage.

'If He Isn't A Gangster, No One In The Country Is': Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In A Gangster Act Case

Case title - Mokhtar Ansari vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 11290 of 2022]

Case Citation: 2023 LiveLaw (AB) 14

The Allahabad High Court denied bail to the former UP MLA Mukhtar Ansari in connection with a case under UP Gangster Act registered in 2020 while considering the allegations and his rich criminal horoscope.

Observing that if Ansari is not a gangster, then in this country no one can be said to be a gangster, the bench of Justice Dinesh Kumar Singh said that he and his gang members accumulated enormous wealth by striking fear and terror in the minds and hearts of the people and his freedom would be in peril of the law-abiding citizens of this Court.

No Ipso Facto Absolvement Of Guarantor’s Liability Upon Approval Of Resolution Plan: Allahabad High Court

Case Title: Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors.

Citation: 2023 LiveLaw (AB) 15

The High Court of Allahabad Bench comprising of Justice Sunita Agarwal and Justice Vipin Chandra Dixit, while adjudicating a petition filed in Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors., has held that approval of a resolution plan under Section 31 of the IBC, does not ipso facto absolve the surety/guarantor of the Corporate Debtor of his or her liability, which arises out of an independent contract of guarantee.

Other updates from the Court

'Sorry State Of Affairs': Allahabad HC Issues Bailable Warrant Against Principal Secy (Home) For Non-Compliance Of Court's Orders

Case title - Suresh Chand Rajvanshi vs. Shri Sanjay Prasad, Principal Secretary Home And Another [CONTEMPT APPLICATION (CIVIL) No. - 6613 of 2022]

The Allahabad High Court issued a bailable warrant against the Principal Secretary (Home), UP Govt for wilful and deliberate disobedience of the Court's order. The Court passed this order by holding that a contempt case was made out against the concerned officer.

In its order, the bench of Justice Piyush Agrawal stressed that the manner in which the Officers of the State are behaving is a very sorry state of affairs and it was further directed that HC's order be placed before the Law Minister of the State for intimation and necessary action at his end.

‘Shocking’: Allahabad HC Seeks ADJ's Explanation Over Non-Execution Of NBW Against Police Personnel For 6 Years

Case title - Chandrapal vs. State Of U.P. And 4 Others [APPLICATION U/S 482 No. - 434 of 2023]

The Allahabad High Court expressed shock over the non-execution of non-bailable warrants against police personnel accused in a criminal case for 6 years.

The Court also sought a written response from the Additional District Judge/Special Court/D.A.A., Badaun explaining why the order of July 2016 issuing non-bailable warrants has not been complied with to date.

“It is shocking to see that non-bailable warrants were issued against the respondent nos.3, 4 and 5 (police personnel) for the first time way back on 20.7.2016 and now we are in January 2023 but after the lapse of even six years, learned Additional District Judge/Special Court/D.A.A., Badaun was unable to get the non-bailable warrants executed against police personnel,” the bench of Justice Rahul Chaturvedi said.