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Allahabad High Court Weekly Round-Up: July 18 To July 24, 2022
Sparsh Upadhyay
24 July 2022 7:10 PM IST
NOMINAL INDEX Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 324 Manish Yadav v. State of U.P 2022 LiveLaw (AB) 325 Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 326 Oyas @ Avesh v. State of U.P 2022 LiveLaw (AB) 327 Farha Faiz v. State Of U.P. And 3 Others 2022...
NOMINAL INDEX
Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 324
Manish Yadav v. State of U.P 2022 LiveLaw (AB) 325
Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 326
Oyas @ Avesh v. State of U.P 2022 LiveLaw (AB) 327
Farha Faiz v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 328
M/S Ram Krishna Garg Supplier Versus State Of U.P. And 4 Others 2022 LiveLaw (AB) 329
State of U.P. v. Narendra Singh 2022 LiveLaw (AB) 330
Om Prakash And Another v. State of U.P. and Another 2022 LiveLaw (AB) 331
Suresh Babu v. State of U.P. and Another 2022 LiveLaw (AB) 332
Suraj v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others 2022 LiveLaw (AB) 333
Sunita Devi And Another v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 334
Siddharth Kappor v. State of U.P. and Another 2022 LiveLaw (AB) 335
Kuldeep Second Bail v. State of U.P 2022 LiveLaw (AB) 336
Sukhbir Singh v. State of U.P. and Another 2022 LiveLaw (AB) 337
Mukhtar Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko 2022 LiveLaw (AB) 338
Srinivas And Ors. v. State of U.P. and Another 2022 LiveLaw (AB) 339
ORDERS/JUDGMENTS OF THE WEEK
Case title - Mamta And Another v. State Of U.P. Thru. Prin. Secy. Home And Others
Case Citation: 2022 LiveLaw (AB) 324
The Allahabad High Court observed that a Magistrate can take cognizance of the complaint or application filed by the aggrieved person and issue notice to the respondent under Section 12 of the D.V. Act even in the absence of a Domestic Incident Report (DIR).
The bench of Justice Rajeev Singh referred to the recent ruling of the Supreme Court in the case of Prabha Tyagi vs Kamlesh Devi 2022 LiveLaw (SC) 474, wherein it was held that Section 12 of the DV Act does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act.
Case title - Manish Yadav v. State of U.P [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. - 4645 of 2022]
Case Citation: 2022 LiveLaw (AB) 325
The Allahabad High Court has observed that the initiation of the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC after the filing of an anticipatory bail plea by an accused does not bar the consideration of such a bail application.
With this, the Bench of Justice Rajesh Singh Chauhan granted anticipatory bail to one Manish Yadav, who is an Army personnel serving in the Indian Army and has been booked in a rape case.
Case title - Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5268 of 2022]
Case Citation: 2022 LiveLaw (AB) 326
The Allahabad High Court has directed Mathura Court to expeditiously decide on an application filed before it for conducting a Scientific Investigation of Shahi Eidgah and Jahanara's Masque in connection with a 2021 suit (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).
The bench of Justice Vipin Chandra Dixit ordered thus while hearing an Article 227 plea moved by Bhagwan Shrikrishna Virajman And 3 Others seeking a direction to the Civil Judge(Senior Division), Mathura to decide the application filed before the Mathura Court.
Case title - Oyas @ Avesh v. State of U.P [CRIMINAL REVISION No. - 2407 of 2022]
Citation: 2022 LiveLaw (AB) 327
The Allahabad High Court has clarified that the charge under Section 326A IPC can be framed against the accused even if no grievous hurt has been caused to the acid attack survivor and that grievous hurt to an acid attack survivor is not mandatory in each case.
It may be noted that this provision deals with the offence and punishment for voluntarily causing grievous hurt by use of acid, etc. It says that whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to life imprisonment.
Case title - Farha Faiz v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 1430 of 2021]
Case Citation: 2022 LiveLaw (AB) 328
The Allahabad High Court has the right of further investigation under Section 173(8) CrPC is given to investigating agency and only they can move an application before the magistrate for further investigation.
The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed that after the commencement of trial, neither the Magistrate suo motu nor on an application filed by the complainant/informant, can direct further investigation in a case.
Show Cause Notice Cancelling GST Registration Must Disclose Reason: Allahabad High Court
Case Title: M/S Ram Krishna Garg Supplier Versus State Of U.P. And 4 Others WRIT TAX No. - 1064 of 2021
Citation: 2022 LiveLaw (AB) 329
The Allahabad High Court has held that the show cause notice cancelling registration must indicate the reason and the mere mentioning of violation under the CGST Act is not sufficient.
Case title - State of U.P. v. Narendra Singh [GOVERNMENT APPEAL No. - 1990 of 1985]
Case Citation: 2022 LiveLaw (AB) 330
Holding that the prosecution could not prove the guilt of the accused beyond a reasonable doubt, the Allahabad High Court on Tuesday upheld the acquittal order passed by the trial court in a 42-year-old murder case (which took place in July 1980).
The Bench of Justice Om Prakash-VII and Justice Narendra Kumar Johari was essentially dealing with a Government appeal filed against a 1985 jdgment and order passed by Special Judge (E.C. Act)/ Additional Sessions Judge, Jalaun at Orai by which the two accused were acquitted of the charges under Sections 302/34, 302 IPC.
Case title - Om Prakash And Another v. State of U.P. and Another [APPLICATION U/S 482 No. - 3041 of 2022]
Case citation: 2022 LiveLaw (AB) 331
The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record.
It may be noted that a Police Report means a report forwarded by a police officer to a Magistrate under Section 173 (2) CrPC.
The bench of Justice Sameer Jain also clarified that even if there is an irregularity in the cognizance order passed by the Court, then also, on that ground, the proceedings cannot be vitiated in view of Section 465 Cr.P.C.
It may be noted that Section 465 of CrPC states that no finding, sentence or order of a competent court shall be reversed on account of irregularity unless there is a failure of justice.
Case title - Suresh Babu v. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3532 of 2022]
Citation: 2022 LiveLaw (AB) 332
Hinting that a proclaimed offender may also move an anticipatory bail plea, the Allahabad High Court has observed that Section 438 of CrPC doesn't say that a proclaimed offender would be barred to file such a plea.
The bench of Justice Rajesh Singh Chauhan further observed that Section 82 CrPC (Proclamation for person absconding) neither creates any rider nor imposes any restrictions in filing anticipatory bail application by the proclaimed offender.
Case title - Suraj v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others [CRIMINAL MISC. BAIL APPLICATION No. - 3511 of 2022]
Case Citation: 2022 LiveLaw (AB) 333
"The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage," the Allahabad High Court observed recently as it granted bail to a man accused of raping a minor girl taking into account the larger interest of the child born out of their consensual relationship.
The Bench of Justice Rajesh Singh Chauhan however clarified that the bail order not be cited in any other case as precedence inasmuch as the bai was granted considering the peculiar facts and circumstances of the instant case.
Case title - Sunita Devi And Another v. State Of U.P. And 2 Others [WRIT - C No. - 29138 of 2021]
Case Citation: 2022 LiveLaw (AB) 334
The Allahabad High Court dismissed a protection plea filed by a married woman and her live-in partner with a cost of Rs.5,000 as it noted that the petitioners had failed to demonstrate that they were facing any threat from the husband of the woman.
The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that the Constitution of India may permit live-in relations but the instant writ petition was filed by the petitioners (live-in partners) with the purpose of obtaining the seal of the High Court on their illegal relationship.
Case title - Siddharth Kappor v. State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 335
The Allahabad High Court has observed that there is no bar on entertaining an anticipatory bail plea of an accused, if during the pendency of plea, any proclamation u/s 82 & 83 Cr.P.C. is issued.
The bench of Justice Suresh Kumar Gupta further observed that after the rejection of the anticipatory bail plea by the lower court, a person has a right to approach the High Court and if in the interregnum period, any proclamation u/s 82 & 83 Cr.P.C. is issued, then the same may be considered as a circumventive exercise being taken by the Investigating Officer.
Allahabad High Court Grants Bail To Dowry Death Accused In View Of Poor Progress Of Trial
Case title - Kuldeep Second Bail v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 8561 of 2019]
Case Citation: 2022 LiveLaw (AB) 336
The Allahabad High Court granted bail to a dowry death accused (in jail for about 6 years) in view of the poor progress of the trial in the case.
The bench of Justice Shamim Ahmed was essentially dealing with the second bail application of one Kuldeep in connection with a case registered against him under Sections 498-A, 304-B, 302 I.P.C., and Section 3/4 of the Dowry Prohibition Act.
Case title - Sukhbir Singh v. State of U.P. and Another [APPLICATION U/S 482 No. - 21859 of 2021]
Case citation: 2022 LiveLaw (AB) 337
The Allahabad High Court has observed that whenever it is provided that an offence is cognizable by the Session Court, the Magistrate cannot probe the matter and cannot discharge the accused. With this, the Court set aside an order of magistrate dismissing discharge application filed by an accused booked under Section 306 IPC
The bench of Justice Brij Raj Singh further observed that the Magistrate should have committed the case to the Court of Session under section 209 CrPC, but in spite of doing so, he had heard the application of the accused for discharge, which was not in his domain.
Case title - Mukhtar Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko [CRIMINAL MISC. BAIL APPLICATION No. - 1776 of 2022]
Case citation: 2022 LiveLaw (AB) 338
"It is irony and tragedy of the Indian republic and biggest scar on Indian democracy that criminals like Mukhtar Ansari are the law-makers," the Allahabad High Court observed as it denied bail to former UP MLA in a case wherein he has been accused of registering an ambulance on forged and fabricated document.
The bench of Justice Dinesh Kumar Singh further observed that since the ambulance was allegedly being used to carry Ansari's men armed with illegal and sophisticated weapons for his protection, therefore, there was no ground to enlarge him on bail.
Case title - Srinivas And Ors. v. State of U.P. and Another [APPLICATION U/S 482 No. - 5233 of 2014]
Case citation: 2022 LiveLaw (AB) 339
The Allahabad High Court (Lucknow bench) quashed a criminal case against four real brothers, and their father, aged around 81 years who were booked for allegedly gang-raping a married woman, having two grown-up children
The bench of Justice Dinesh Kumar Singh observed that it was not believable that four real brothers and their father would commit rape on a woman having two grown up children.
OTHER UPDATES FROM THE HIGH COURT
The Allahabad High Court is set to hear a plea filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.
The plea, originally filed in 2021 as a criminal revision plea will now be treated as a criminal appeal and the bench of Justice Dinesh Kumar Singh will hear the same on the point of admissibility on August 1, 2022.
Case title - Mahesh Kumar Agrawal v. State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others [WRIT - C No. - 4521 of 2022]
The Allahabad High Court has said that the Uttar Pradesh government's act of proceeding to remove the 20-year-old alleged encroachment is laudable, but, the state government will also have to ascertain the liability/guilt of officials who did not ensure that Gaon Sabha property is not encroached.
The bench of Justice Abdul Moin was essentially dealing with the plea of one Mahesh Kumar Agrawal seeking quashing of an order passed by Assistant Collector/Tehsildar, Sitapur holding him to be an encroacher, imposing a penalty of Rs.5,40,200/- and initiating recovery proceedings against him.
Case title - Naasir And Others v. State Of U.P. Thru. Prin. Secy. Home And Anr
The Allahabad High Court (Lucknow bench) stayed a criminal trial against two real brothers who have been accused of gang-raping a 27-year-old woman. The Court has also stayed the trial against the father (of the accused) who has been accused of encouraging his two sons to rape the woman.
The bench of Justice Dinesh Kumar Singh observed that it is unbelievable that a father would encourage his two sons to commit rape on a married woman and two real brothers would commit rape one by one with a married woman, having three children.
