Allahabad High Court Weekly Round-Up: November 14 To November 20, 2022

Sagar v. State Of UP 2022 LiveLaw (AB) 489

Raheem v. State of U.P. 2022 LiveLaw (AB) 490

Om Prakash v. State of U.P. 2022 LiveLaw (AB) 491

Dr. M Ismail Faruqui v. Shri Adityanath 2022 LiveLaw (AB) 492

Raj Bahadur Singh v. State of U.P. 2022 LiveLaw (AB) 493

Kailash Jaiswal v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 494

Anurag Singh Bhadouriya (in FIR Anurag Bhadouriya) v. State Of UP. Thru Addl. Chief Secy/Prin. Secy. Home Civil Secrett Lko and Others 2022 LiveLaw (AB) 495

Sameer Khan v. State of U.P. 2022 LiveLaw (AB) 496

ORDERS/JUDGMENTS OF THE WEEK

"No Incriminating Evidence Available" : Allahabad HC Acquits Man Convicted U/S 304 (I) IPC Who Spent Over 9 Years In Jail

Case Title - Sagar v. State Of UP

Case Citation: 2022 LiveLaw (AB) 489

The Allahabad High Court has acquitted a man convicted under Section 304 of the IPC and sentenced to life imprisonment under Section 304 (I) of the IPC for committing culpable homicide not amounting to murder in 2011. The accused in the case spent more than 10 years in jail.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Nalin Kumar Srivastava noted that no incriminating circumstances were available against the accused and merely on the basis of last-seen evidence, the accused could not have been convicted.

Allahabad High Court Grants Bail To Man Accused Of Placing Remains Of Dead Cow Progeny In A Temple

Case title - Raheem v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 50808 of 2022]

Case Citation: 2022 LiveLaw (AB) 490

The Allahabad High Court granted bail to a man accused of placing the remains of a dead cow progeny in a temple so as to hurt the religious sentiments of the public.

The bench of Justice Surendra Singh-I granted bail to Raheem who was arrested on July 17 after being booked under Sections 153, 153A, 295, 295A, 120-B, 34 IPC, and Section 3/5/8 of UP Prevention of Cow Slaughter Act.

The FIR in the case was lodged by a Sub-Inspector working with the UP police, who got a piece of information on July 16, 2022, that in a Shiv Temple situated in his area, some unknown person had put the remains of a dead cow progeny to hurt the religious sentiments of the public.

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence

Case title - Om Prakash v. State of U.P. [CRIMINAL APPEAL No. - 2097 of 1982]

Case Citation: 2022 LiveLaw (AB) 491

The Allahabad High Court on Tuesday upheld the conviction of a man who raped a 10-year-old girl 43 years ago (in the year 1979) after finding the testimony of the victim to be reliable. The convict, presently on bail, has been directed to be sent to jail to serve the remaining sentence.

The bench of Justice Samit Gopal also observed that the age of the accused cannot be a ground to extend any benefit to him in the crime committed by him. With this, the Court dismissed the appeal filed by the convict against the judgment and order of the trial court sentencing him to undergo 6 years of imprisonment.

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost

Case title - Dr. M Ismail Faruqui v. Shri Adityanath [WRIT - C No. - 7524 of 2022]

Case Citation: 2022 LiveLaw (AB) 492

The Allahabad High Court dismissed a plea questioning continuance of Yogi Adityanath as the Chief Minister of State of Uttar Pradesh. The Cout also imposed ₹11K costs on the petitioner, Dr. M. Ismail Faruqui for filing a 'misconceived' and 'frivolous' petition.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla also slammed the petitioner for filing the instant petition despite the fact that an identical petition filed by him was dismissed by the Court as withdrawn in August this year.

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Case title - Raj Bahadur Singh v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION 438 CR.P.C. No. - 8376 of 2022]

Case Citation: 2022 LiveLaw (AB) 493

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court said that the second and successive anticipatory bail application is not maintainable.

The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC (provision governing regular bail pleas), which flows from Article 21 of the Constitution of India, Section 438 of CrPC is merely a statutory right and the power to grant anticipatory bail does not flow from Article 21 of the Constitution.

"No Respect For Rule Of Law": Allahabad HC Imposes ₹5Lakh Cost On Gorakhpur DM For Launching 'Malicious' Goonda Act Proceedings

Case title - Kailash Jaiswal v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 10241 of 2019]

Case Citation: 2022 LiveLaw (AB) 494

The Allahabad High Court imposed a ₹5 lakh cost on the office of the District Magistrate, Gorakhpur for initiating 'malicious' proceedings under the UP Goondas Act against a man in an attempt to coerce him to vacate the property, admittedly owned by him, and release the same in favour of the district administration.

The bench of Justice Suneet Kumar and Justice Syed Waiz Mian also directed the State Government to get the matter inquired into and initiate a disciplinary inquiry against the then-delinquent District Magistrate, Gorakhpur, K. Vijayendra Pandian.

Alleged Remarks Against UP CM | Allahabad HC Refuses To Quash FIR Against Samajwadi Party Leader Anurag Bhadouria

Case title - Anurag Singh Bhadouriya (in FIR Anurag Bhadouriya) v. State Of UP. Thru Addl. Chief Secy/Prin. Secy. Home Civil Secrett Lko and Others

Case citation: 2022 LiveLaw (AB) 495

The Allahabad High Court today refused to quash an FIR registered against Samajwadi Party Leader Anurag Bhadouria for allegedly making insulting and objectionable remarks against Uttar Pradesh Chief Minister Yogi Adityanath and late Mahant Avaidyanath during a TV Debate show

The bench of Justice Ramesh Sinha and Justice Renu Agarwal rejected his plea seeking the quashing of his FIR and a stay on coercive action against him.

"Heinous Offence": Man Who Allegedly Killed 'Paramour', Chopped Her Body & Threw It Away Denied Bail By Allahabad HC

Case title - Sameer Khan v. State of U.P.

Case Citation: 2022 LiveLaw (AB) 496

The Allahabad High Court last week denied bail to a man named Sameer Khan who has been accused of killing his 'paramour/wife', chopping her body into 6 pieces, and throwing it away in a secluded place in July 2020.

"Considering the allegations, heinousness of offence and the evidence available on record, this Court does not find any ground to enlarge the accused-applicant on bail," the bench of Justice Dinesh Kumar Singh remarked.

As per the FIR lodged in the matter, the accused (Khan) had murdered her wife/paramour named Ayesha on July 5 2020 with an iron rod after a dispute erupted between them. After killing her, Khan allegedly chopped her body into 6 pieces, stuffed it in a briefcase and bag, threw it away from a car in a secluded place, and fled away.

Other updates from the High Court

"Why Shouldn't Your Entry Be Barred To The HC?": Allahabad High Court To Advocate Who Misled Court To Obtain Bail Order

Case title - State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. v. Mohd. Rizwan @ Raziwan [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 114 of 2022]

Issuing a show cause notice, the Allahabad High Court recently asked an advocate why shouldn't his entry be barred to the High Court after finding that he misled the court to obtain a bail order. The bench of Justice Dinesh Kumar Singh further asked him to show cause that why he should not be proceeded with for committing contempt of the Court.

Essentially, the advocate n question (Parmanand Gupta) had filed a bail plea on behalf of his client and obtained a favorable order concealing the fact that another bail plea had earlier been rejected by another bench of the court. The matter came to Court's notice after the state filed an application seeking the cancelation of bail.

Appoint Diligent Counsels To Represent Victims In POCSO Act Cases: Allahabad High Court To HC Legal Services Committee

Case title - Shiva Singh v. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 44072 of 2022]

The Allahabad High Court has requested the High Court Legal Services Committee to ensure that the counsels who are appointed by way of legal aid to represent the victims in POCSO Act cases are diligent practitioners, who know the law and have mastered the facts of the case.

The bench of Justice Ajay Bhanot directed the HC legal services authorities thus while dealing with the bail plea of a man booked under the POCSO Act for allegedly raping an 8-year-old girl.

Muzaffarnagar Riots 2013 Case: Allahabad High Court Suspends Sentence Imposed On Disqualified BJP MLA Vikram Saini

Case title - Vikram Singh Saini@ Vikar Saini v. State of U.P. [CRIMINAL APPEAL No. - 8461 of 2022]

The Allahabad High Court on Friday suspended the 2-year-old sentence imposed on (now disqualified) BJP MLA, Vikram Saini in connection with the 2013 Muzaffar Nagar riots case. The violence had left at least 60 people dead and over 50,000 people were reportedly displaced.

The bench of Justice Samit Gopal suspended his sentence and granted him bail while admitting an appeal filed by Saini challenging his conviction under charges relating to Section 147 (rioting), 148 (rioting armed with deadly weapons), 336 (act endangering life or personal safety of others), 353 assault or criminal force to deter public servant from discharge of his duty, 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of IPC.