Allahabad High Court Weekly Round Up: March 21 To March 27, 2022

NOMINAL INDEX

Sajid @ Kale v. State of U.P. 2022 LiveLaw (AB) 130

State of Uttar Pradesh v. Rahul Singh @ Govind Singh connected with Rahul Singh @ Govind Singh v. State of Uttar Pradesh 2022 LiveLaw (AB) 131

Jeetu @ Amit Kumar Rawat And Anr. v. Sub Divisional Magistrate Sadar Lucknow And Anr. 2022 LiveLaw (AB) 132

Sanjay Gupta Vs. State Of U.P. And Another 2022 LiveLaw (AB) 133

Dr. Sonal Sachadev Aurora v. State Of U.P.Thru.Addl.Chief Prin.Secy.Medical Educat. And Ors 2022 LiveLaw (AB) 134

Smt. Kavita Sonkar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 135

Anirudh Kamal Shukla v. Union Of India Thru. Assistant Dir. Directorate Of Enforcement Lko 2022 LiveLaw (AB) 136

Bindu v. High Court Of Judicature At Allahabad Through Its R.G And Another 2022 LiveLaw (AB) 137

Dr. Syed Kalbe Sibtain @ Noori v. State Of U.P. Thru Prin. Secy. Home. Lko And Another 2022 LiveLaw (AB) 138

The Assembly of God North India Balrampur and another v. State of U.P. through Secy. Revenue Lko. and 3 others 2022 LiveLaw (AB) 139

X (Minor) v. State of U.P. and Another 2022 LiveLaw (AB) 140

Rahul Kumar In Wria 323 Of 2022 v. State Of U.P Thru.Addl.Chief Secy.Basic Edu. Dept. U.P. Govt. Civil Secrt. Lko. And Ors 2022 LiveLaw (AB) 141

Judgments/Orders of the Week

1. Allahabad High Court Grants Bail To Man Arrested In Connection With Alleged Recovery Of 200 KG Of Prohibited Flesh

Case title - Sajid @ Kale v. State of U.P.

Citation: 2022 LiveLaw (AB) 130

The Allahabad High Court granted bail to one Sajid @ Kale who was arrested in connection with an alleged recovery of 200 KG of prohibited flesh taking into account the fact that the co-accused, from whom the flesh was recovered, had been granted bail.

The Bench of Justice Mohd. Faiz Alam Khan noted that the criminal history of the applicant had been adequately explained and the offences charged against the applicant are triable by the Magistrate. The Court also noted that he is in jail in this case since November 29, 2021, and the charge sheet had also been filed in the case.

2. "Case Not Proved Beyond Reasonable Doubt": Allahabad High Court Acquits Murder Accused, Sets Aside Death Penalty

Case title: State of Uttar Pradesh v. Rahul Singh @ Govind Singh connected with Rahul Singh @ Govind Singh v. State of Uttar Pradesh

Case Citation: 2022 LiveLaw (All) 131

The Allahabad High Court recently rejected the reference made to it to confirm the death penalty awarded to a man accused of murdering two persons (Husband-Wife) as it found that the prosecution couldn't prove charges against the accused beyond a reasonable doubt.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav acquitted the accused as it came to the conclusion that evidence/statements of the sole eye-witness of the incident, PW-1 (daughter of the deceased husband-wife) was not credible and the same didn't inspire confidence.

3. Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court

Case title - Jeetu @ Amit Kumar Rawat And Anr. v. Sub Divisional Magistrate Sadar Lucknow And Anr.

Case citation: 2022 LiveLaw (AB) 132

In a significant assertion, the Allahabad High Court observed that as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and the rules framed by the state government thereunder, it is mandatory for the District Magistrate to ensure that the life and property of the senior citizen are protected and they are able to live with security and dignity.

The Bench of Justice Pankaj Bhatia further observed that the Senior Citizen Act recognizes the vulnerable position of such citizens in the society and it intends to provide a mechanism to avoid their suffering and to ensure that the life and property of the senior citizen are secured and they are able to live in security and dignity.

4. Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item

Case title - Sanjay Gupta Vs. State Of U.P. And Another

Case Citation: 2022 LiveLaw (AB) 133

The Allahabad High Court quashed a summoning order issued by a Court of the Magistrate against the Editor-In-Chief of the daily newspaper Dainik Jagran, Sanjay Gupta for publishing an alleged defamatory news item.

The Bench of Justice Syed Aftab Husain Rizvi noted that in absence of specific allegations against the Chief Editor, the person holding the post can't be summoned.

5. Allahabad HC Pulls Up UP Govt For Terminating Woman From Services Sans Inquiry After Keeping Her Resignation Pending For 2 Yrs

Case Title - Dr. Sonal Sachadev Aurora v. State Of U.P.Thru.Addl.Chief Prin.Secy.Medical Educat. And Ors

Case Citation: 2022 LiveLaw (AB) 134

The Allahabad High Court pulled up the Uttar Pradesh for initiating a departmental inquiry and thereafter terminating the service of a woman doctor 2 years after she sent her resignation.

Quashing the termination order passed against the woman and noting that the petitioner/woman was harassed, the Bench of Justice Vivek Chaudhary opined that any working woman, more particularly, a mother is required to be accommodated as far as possible.

6. Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

Case title - Smt. Kavita Sonkar v. State Of U.P. And 2 Others

Case citation: 2022 LiveLaw (AB) 135

The Allahabad High Court observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.

The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and main examination conducted by the State Public Service Commission for the post of Assistant Review Officer.

7. Prevention Of Money Laundering Act | "For Money-Launderers Jail Is The Rule And Bail Is An Exception": Allahabad High Court

Case title - Anirudh Kamal Shukla v. Union Of India Thru. Assistant Dir. Directorate Of Enforcement Lko

Case Citation: 2022 LiveLaw (AB) 136

While rejecting the anticipatory bail application of a person booked under the Prevention of Money Laundering Act, 2002, the Allahabad High Court observed that for money-launderers Jail is the rule and bail is an exception.

The bench of Justice Krishan Pahal observes thus as it stressed that money Laundering as an offence is an economic threat to national interest and is committed by the white-collar offenders who are deeply rooted in society and cannot be traced out easily.

8. Advocate Needs To Be In 'Continuous Practice' For 7 Yrs On Date Of Application To Seek Appointment As District Judge: Allahabad HC

Case title - Bindu v. High Court Of Judicature At Allahabad Through Its R.G And Another

Case Citation: 2022 LiveLaw (All) 137

The Allahabad High Court clarified that for seeking appointment as Judicial Officer/District Judge as per Article 233 (2) of the Constitution of India, an Advocate has to be in continuous practice for not less than 7 years [with no break in between] as on the cut-off date and at the time of appointment as District Judge.

It may be noted that Article 233 of the Constitution of India deals with the Appointment of district judges and its subclause (2) mandates that a person, not already in the service of the Union or of the State, shall only be eligible to be appointed a district judge if he has been for not less than seven years, an advocate or a pleader, and is recommended by the High Court for the appointment.

9. Allahabad HC Grants Pre Arrest Bail To Shia Leader Accused Of Ransacking Police Chowkis During Anti-CAA Protests

Case title - Dr. Syed Kalbe Sibtain @ Noori v. State Of U.P. Thru Prin. Secy. Home. Lko And Another

Citation: 2022 LiveLaw (AB) 138

The Allahabad High Court granted pre-arrest bail to Shia leader Dr. Syed Kalbe Sibtain @ Noori booked under various sections of the Indian Penal Code for allegedly ransacking police chowkis during the Anti-CAA protests that took place in December 2019.

The Bench of Justice Krishan Pahal granted bail to Dr. Noori in view of the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It may be noted that Dr. Noori is the son of a renowned scholar and cleric of the Shia Community, Kalbe Sadiq who has been awarded Padma Bhushan.

10. Property's Potential Use In Proximate Future Has To Be Seen To Determine Its Market Value U/S 47-A Indian Stamp Act: Allahabad HC

Case title - The Assembly of God North India Balrampur and another v. State of U.P. through Secy. Revenue Lko. and 3 others

Case Citation: 2022 LiveLaw (AB) 139

The Allahabad High Court observed that the market value of a property for the purpose of Section 47-A Of the Indian Stamp Act has to be determined with reference to the use to which the land is capable reasonably of being put to immediately or in the proximate future.

It may be noted that where it is found that an instrument is undervalued [which happened in the instant case], the procedure has been set forth under Section 47-A of the Act for assessing the correct stamp duty on the instrument.

11. Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High Court

Case title - X (Minor) v. State of U.P. and Another

Case Citation: 2022 LiveLaw (AB) 140

The Allahabad High Court reiterated that a Juvenile has a right to be released on bail where a similarly circumstanced adult offender has already been extended that liberty.

The Bench of Justice Shamim Ahmed was of the further view that once the adult co-accused has been admitted to bail, there would be no justification to additionally test the case of the Juvenile with reference to the requirements of the proviso to sub Section (1) of Section 12 of the Juvenile Justice Act.

12. Allahabad High Court (DB) Refuses To Interfere With Stay On UP Govt's Decision To Appoint 6800 Additional Assistant Teachers

Case title - Rahul Kumar In Wria 323 Of 2022 v. State Of U.P Thru.Addl.Chief Secy.Basic Edu. Dept. U.P. Govt. Civil Secrt. Lko. And Ors

Case Citation: 2022 LiveLaw (AB) 141

The Allahabad High Court (Division Bench) refused to interfere in the Single Judge order dated Jan 27, 2022, staying the decision of the Uttar Pradesh government to appoint 6800 additional candidates as primary assistant teachers in the state in addition to already appointed 69000 candidates.

With this, the bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava-I endorsed the decision of the Single bench order of Jan 27, 2022, wherein it was concluded that the UP Government can't appoint more than 69000 candidates without issuing an advertisement regarding the same, since in the original advertisement issued by the state, only 69000 posts were intended to be filled.

Important Weekly Updates From the High Court/UP courts

1. Centre Notifies Appointment Of Judicial Officer UC Sharma As Additional Judge Of Allahabad High Court

The Central government notified the appointment of a Judicial Officer as an additional judge to the Allahabad High Court.

The appointment has been made in the exercise of the power conferred by clause (I) of Article 224 of the Constitution of India. Judicial Officer Umesh Chandra Sharma will remain as an Additional Judge of the Allahabad High Court till December 31, 2023.

2. Allahabad High Court To Regularly Hear Gyanvapi Mosque-Kashi Vishwanath Temple Dispute Case From March 29

Case Title - Anjuman Intazamia Masazid Varanasi v. Ist A.D.J. Varanasi And Others

The Allahabad High Court decided that it shall hold regular hearings in the matter related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi starting from March 29.

The Bench of Prakash Padia ordered thus while holding a hearing on a plea moved by Anjuman Intazamia Masazid, Varanasi last year seeking a stay on the proceedings of the Varanasi court, and also filed applications challenging the maintainability of the civil suit pending before the lower court.

3. Bulandshahr Custodial Death | Allahabad High Court Seeks Details Of Action Taken By UP Govt Over Judicial Inquiry Report

Case title - Suresh Devi And Another v. State Of U.P. And 13 Others

The Allahabad High Court asked the Additional Chief Secretary in the Uttar Pradesh Government to file his personal affidavit disclosing the steps taken by the State pursuant to the submission of a judicial inquiry report in the Bulandshahr Custodial Death case.

The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar ordered thus as it noted that in the judicial inquiry report, it had clearly been found that the victim had died in the police custody and the police personnel were responsible for it.