Allahabad High Court Weekly Round Up: June 13 To June 19, 2022

Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others 2022 LiveLaw (AB) 291

Mokhtar Ansari v. State of U.P 2022 LiveLaw (AB) 292

Prabhakar Pandey Vs. State Of U.P. And Others 2022 LiveLaw (AB) 293

Mukesh Bansal v State of UP 2022 LiveLaw (AB) 294

Anoop Kumar Singh And Another Vs. State Of U P And 2 Others 2022 LiveLaw (AB) 295

Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others 2022 LiveLaw (AB) 296

Vivek Yadav Alias Surya Prakash Yadav v. State of U.P. 2022 LiveLaw (AB) 297

Harit Kisan Kalyan Samiti Vs. New Okhla Industrial Development Authority And 2 Others 2022 LiveLaw (AB) 298

ORDERS/JUDGMENTS OF THE WEEK

Allahabad HC Refuses To Quash FIR Against Alt News' Mohd. Zubair Over His Tweet Allegedly Calling 3 Hindu Seers 'Hate Mongers'

Case title - Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others

Citation: 2022 LiveLaw (AB) 291

The High Court dismissed a petition moved by the Co-Founder of Alt News, Mohammed Zubair challenging an FIR registered against him earlier this month for a tweet in which he allegedly called 3 Hindu seers- Yati Narasinghanand Saraswati, Bajrang Muni and Anand Swaroop as 'Hate mongers'

It may be noted that Zubair was booked by the Uttar Pradesh Police earlier this month under sections 295-A of the Indian Penal Code and section 67 of the Information Technology Act, 2000.

"He Is A Dreaded Criminal, A Canker In Society" Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In Funds Misappropriation Case

Case title - Mokhtar Ansari v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 46494 of 2021]

Citation: 2022 LiveLaw (AB) 292

While denying bail to former MLA Mukhtar Ansari (presently in jail) in connection with a case over misappropriation of MLA Funds fund in the year 2012-13, the High Court called him a dreaded and 'White Collored' criminal, an interstate mafia and canker in society

The Bench of Justice Rahul Chaturvedi also observed that Ansari is a hardened and habitual offender, who is in the sphere of crime since 1986 but surprisingly, he has managed not a single conviction against him.

Sessions Court Can't Quash Cognizance & Summoning Order Of Magistrate While Exercising Its Revisional Power: Allahabad High Court

Case title - Prabhakar Pandey Vs. State Of U.P. And Others [CRIMINAL REVISION No. - 2341 of 2001]

Citation: 2022 LiveLaw (AB) 293

In a significant observation, the High Court said that while exercising the revisional power, the Sessions Court cannot quash the cognizance and summoning order passed by the Magistrate as its revisional jurisdiction is very limited.

The Bench of Justice Shamim Ahmed further added that in case the Sessions Court finds any illegality, irregularity, or jurisdictional error while acting as a revisional court, then instead of quashing the proceedings, it had power only to issue direction by pointing out the error in the magistrate order.

No Arrest During 2 Months' Cooling-Off Period After FIR Registration: Allahabad HC Issues Safeguards Against S. 498A Misuse

Case title - Mukesh Bansal v State of UP

Citation: 2022 LiveLaw (AB) 294

Allahabad High Court on Monday issued certain guidelines/safeguards to prevent the misuse of Section 498A of the Indian Penal Code (IPC).

One of the guidelines issued by the Court states that after the registration of a First Information Report (FIR) under 498A IPC, no arrest or coercive action should be taken against the accused during the cooling-off period of two months.

During this period, the Court has ordered that the issue should be referred to a Family Welfare Committee (FWC). It may be noted Section 498-A punishes a woman's husband or his relatives if they subject her to cruelty.

Sympathy Or Compassion Has No Role In Matter Of Directing Or Not Directing Re-Evaluation Of Answer Sheets: Allahabad HC

Case title - Anoop Kumar Singh And Another Vs. State Of U P And 2 Others

Citation: 2022 LiveLaw (AB) 295

The High Court has observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheets.

The Bench of Justice Manju Rani Chauhan further observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of answer sheet.

Receiving Proper Education Is A Fundamental Right Under Article 21A Of Constitution Of India: Allahabad High Court

Case title - Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others

Citation: 2022 LiveLaw (AB) 296

The High Court recently observed that receiving proper education is a Fundamental Right enshrined under Article 21-A of the Constitution of India.

The Bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi further observed that educational authorities must ensure that the grievance relating to the admission to an institution is redressed with promptness and does not remain unattended.

Consider Laying Down Protocol For Receiving Mortal Remains Of Soldiers Martyred In Line Of Duty: Allahabad HC To UP Govt

Case title - Vivek Yadav Alias Surya Prakash Yadav v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 23466 of 2022]

Citation: 2022 LiveLaw (AB) 297

The High Court has directed the State Government to consider the framing of a code laying down the protocol for receiving and bearing the carriage of mortal remains of soldiers martyred in the line of duty, for the funeral rites and any other allied matters.

The Bench of Justice Ajay Bhanot also stressed that the solemn obligation of the State is to accord full honours to military heroes who make the ultimate sacrifice in defence of the country.

"Duty is cast on a grateful nation to ensure that the patriots do not go unwept, unhonoured and unsung," the Court added.

NOIDA Authority's Demolition Drive Along Yamuna Floodplains Temporarily Halted By Allahabad High Court

Case title - Harit Kisan Kalyan Samiti Vs. New Okhla Industrial Development Authority And 2 Others [WRIT - C No. - 17175 of 2022]

Citation: 2022 LiveLaw (AB) 298

The High Court ordered a conditional stay on the demolition drive being carried out by the Noida Authority along the Yamuna floodplains.

The bench of Justice Manoj Kumar Gupta and Justice Sameer Jain issued this order on a plea challenging a public notice issued by the NOIDA Authority on June 8 declaring that no construction is permissible in the Yamuna/Hindon flood plains area and all the constructions therein shall be liable to be demolished.

Other updates from High Court

Allahabad High Court Lawyers Write To CJ To Take Cognizance Of 'Illegal' Demolition Of Activist's House In Prayagraj

Four advocates of the Allahabad High Court have written to the Chief Justice to take cognizance of the 'illegal' demolition of the House in Prayagraj. Last evening, the Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima.

The four advocates namely: K.K. Roy, M Saeed Siddiqui, Rajvendra Singh and Prabal Pratap have prayed that the house in question be reconstructed and compensation be provided to the wife of the activist, in whose name, the letter claims, the house was registered.