Allahabad High Court Weekly Round Up: September 5 To September 11, 2022

Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others 2022 LiveLaw (AB) 416

Sohel Ahmad Siddiqui v. Noorul Huda English Medium School 2022 LiveLaw (AB) 417

Mahavir Polyplast Pvt. Ltd. Versus State Of U.P. And 2 Others 2022 LiveLaw (AB) 418

Waseem v. State of U.P. and Another alonhg with connected matters 2022 LiveLaw (AB) 419

State of U.P. v. Sarvan and connected appeals 2022 LiveLaw (AB) 420

Rajnish v. State of U.P. 2022 LiveLaw (AB) 421

Shamshad v. State of U.P 2022 LiveLaw (AB) 422

Ratnesh Kumar v. State Of U.P. Thru. Prin. Secy. P.W.D. Civil Secrt. Lko. And Others 2022 LiveLaw (AB) 423

Julfikar v. State of U.P. 2022 LiveLaw (AB) 424

Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others 2022 LiveLaw (AB) 425

Suab And 5 Others v. State of U.P. and Another 2022 LiveLaw (AB) 426

Anand Giri alias Ashok Kumar Chotiya v. State of U.P. and another 2022 LiveLaw (AB) 427

Shyam Singh And Another v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 428

Manoj Saxena v. State of U.P. and Another 2022 LiveLaw (AB) 429

Judgments/Orders of the Week

Certificate Issued By Arya Samaj Alone Doesn't Prove Marriage: Allahabad HC Takes Dim View Of Its Way Of Organising Marriages

Case title - Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others [HABEAS CORPUS WRIT PETITION No. - 635 of 2022]

Case Citation: 2022 LiveLaw (AB) 416

The Allahabad High Court recently took a dim view of the way Arya Samaj organizes marriages as it observed that the 'Samaj' has misused their beliefs in organizing the marriages without even considering the genuineness of documents.

The bench of Justice Saurabh Shyam Shamshery further held that the certificate issued by Arya Samaj alone doesn't prove the legality of a marriage. With this, the Court dismissed a Habeas Corpus Plea filed by the husband to regain his wife.

Non-Availability Of Original Agreement Is Not Material When The Parties Do Not Dispute The Existence Of The Agreement: Allahabad High Court

Case Title: Sohel Ahmad Siddiqui v. Noorul Huda English Medium School, Matters Under Article 227 No. 5252 of 2022

Case Citation: 2022 LiveLaw (AB) 417

The Allahabad High Court has held that an application under Section 8 of the A&C Act cannot be rejected merely because the original agreement or its certified copy was not on record when the parties do not dispute the existence of the agreement.

The Bench of Justice Salil Kumar Rai held that a joint reading of Section 8 with Section 7(4) of the A&C Act leads to the conclusion that requirement of filing the original agreement or its certified copy as provided under Section 8(2) is not a mandatory requirement and the judicial authority shall decide the application if the existence of the arbitration agreement is alleged by one party and not denied by the other.

GST Dept. Can Only Seize Goods In Transit And Not From Godown : Allahabad High Court

Case Title: Mahavir Polyplast Pvt. Ltd. Versus State Of U.P. And 2 Others

Case Citation: 2022 LiveLaw (AB) 418

The Allahabad High Court has held that the goods lying in the gowndown cannot be seized by invoking section 129 of the CGST Act. The power of seizure can be exercised only in the case of goods in transit and not for goods lying in godown.

The single bench of Justice Saumitra Dayal Singh has observed that it is unbelievable that two (not one) authorities of the Mobile Squad of the Commercial Tax Department chose to act with negligence. The provision of Section 129(3) of the CGST Act could not be invoked to subject a godown premises to a search and seizure operation. The department was unmindful of the Act as no action was taken under Section 67. Section 67 of the CGST relates to the existence of "reasons to believe" that premise is subject to search and seizure of goods or documents found therein.

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months

Case title - Waseem v. State of U.P. and Another alonhg with connected matters

Case citation: 2022 LiveLaw (AB) 419

The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary (Home), Government of Uttar Pradesh.

The government has also assured the High Court that the decision taken by the State Government shall be effectively implemented as expeditiously as possible not later than two months and that certain other steps shall also be taken which are needed for a fair investigation.

"He Slayed 6 Lives To Quench His Thirst": Allahabad High Court Confirms Death Penalty Awarded To Man Who Killed Wife, Own Children

Case title - State of U.P. v. Sarvan and connected appeals

Case Citation: 2022 LiveLaw (AB) 420

The Allahabad High Court confirmed the death penalty awarded to a man who committed the murder of his wife and children on account of an illicit relationship with his bhabhi (sister-in-law) in the year 2009.

The bench of Justice Ramesh Sinha and Justice Saroj Yadav concluded that in view of the manner in which offence was committed and also the magnitude of the crime, it could be placed under the category of anti-social or socially abhorrent nature of the crime.

With this, the Court concurred with the finding of the Trial Court that the convict had killed six persons in the most brutal, grotesque, diabolical, and dastardly manner arousing indignation and abhorrence of society which calls for exemplary punishment.

"Constitutional Promise Denied": Allahabad HC Grants Bail To Murder Accused Who Spent 11 Yrs In Jail For Want Of Legal Aid

Case title - Rajnish v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 20805 of 2022]

Case Citation: 2022 LiveLaw (AB) 421

The Allahabad High Court granted bail to a murder accused who spent more than 11 years in Jail as he could not get access to legal aid to move his bail application before the Court.

While granting him bail, the bench of Justice Ajay Bhanot observed thus:

"This is the first bail application which has been moved by the applicant before this Court. The applicant belongs to the bottom heap of humanity and unfortunately forgotten class of citizens. He did not have the resources to engage a counsel nor was he given to access to legal aid for these long years. The constitutional promise of securing justice has been denied to him. This appears to be a systemic failure."

Weapon's Recovery From A Place Unknown To Everyone Underlines Confirmation Theory U/S 27 IEA: Allahabad High Court

Case title - Shamshad v. State of U.P [JAIL APPEAL No. - 2994 of 2010]

Case Citation: 2022 LiveLaw (AB) 422

The Allahabad High Court has observed that recovery of an article/weapon from a place hitherto unknown to anybody else including the investigating officer, is a fact that underlines the confirmation theory which is at the heart of provisions of Section 27 of the Indian Evidence Act.

The bench of Justice Suneet Kumar and Justice Jyotsna Sharma observed thus as it affirmed the conviction of a murder accused who had murdered his pregnant step-mother along with her three kids i.e., his step-siblings.

The Court also took into account the fact that the accused had himself retrieved a blood-stained axe, hidden inside the bushes in the presence of the police and a witness [PW9-Ishrar] on the next of the incident and the same was an admissible piece of evidence under section 27 of Indian Evidence Act.

"Personal Interest Pleas Shouldn't Be Entertained": Allahabad High Court Dismisses PIL Seeking SIT Probe Against 2 Govt Officers

Case title - Ratnesh Kumar v. State Of U.P. Thru. Prin. Secy. P.W.D. Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 523 of 2022]

Case Citation: 2022 LiveLaw (AB) 423

The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea seeking a CBI probe and SIT inquiry against two government officers in the Public Works Department alleging that they had earned hundreds of crores by misuse of their position.

The bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh observed that the petitioner had not disclosed his credentials and it appeared that he was acting at the instance of someone else.

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes

Case title - Julfikar v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7968 of 2022]

Case Citation: 2022 LiveLaw (AB) 424

The Allahabad High Court granted anticipatory bail to one Julfikar who has been accused of subjecting a 9-year-old boy to forced circumcision for religious conversion purposes.

The bench of Justice Suresh Kumar Gupta ordered that in the event of arrest of the applicant (Julfikar), he shall be released on anticipatory bail till the submission of the police report, if any, under section 173 (2) Cr.P.C. before the competent Court.

As per the FIR, accessed by Live Law, Ghaziabad police received a piece of information through social media against the applicant with the allegation that he had converted the religion of the 9-Year-Old boy by adopting the correct procedure i.e. writing 'godnama' on a stamp of Rs. 50/- and by cutting the exterior part of the penis by a sharp-edged weapon.

The accused was booked under Section 323, 326, 120-B IPC, Section 75/80 of the Juvenile Justice Act, and Section 3/5 of U.P. Law Against Religion Prohibition of Conversion Act.

'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh Compensation

Case title - Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others [WRIT - A No. - 18302 of 2021]

Case Citation: 2022 LiveLaw (AB) 425

In a significant order affirming the importance of human dignity, the Allahabad High Court granted Rs. 5 Lakh compensation to a differently abled person (divyang) who was forced to ride a bicycle during an interview for an appointment on the post of Library Peon at a Government Degree College.

"The amount of compensation has been awarded to let the petitioner know, the State may take time to hear & understand its citizen and his plight but, it is neither deaf nor heartless as may ever remain indifferent, forcing him to drag his feet, almost literally, to this Court to seek justice. The citizen works at the heart of the giant being the State is. Unless the heart beats freely, the being cannot thrive," the bench of Justice Saumitra Dayal Singh remarked as it partly allowed the plea filed by 'Divyang' man Pradeep Kumar Gupta.

Allahabad High Court Refuses To Quash Chargesheet Against Anti-CAA Protestors Accused Of Pelting Stones At Police Personnel

Case title - Suab And 5 Others v. State of U.P. and Another [APPLICATION U/S 482 No. - 23361 of 2022]

Case Citation: 2022 LiveLaw (AB) 426

The Allahabad High Court refused to quash the Chargesheet filed against 5 men including an engineer by profession, accusing them of pelting stones at police personnel in Bijnor district during the anti-CAA protests in 2019.

The bench of Justice Samir Jain noted that despite the fact that during the relevant time, section 144 Cr.P.C. had already been invoked in the city, a mob, which allegedly included the applicants, gathered and pelted stones at the police personnel, due to which a constable got injured.

Therefore, the Court held, that since the FIR prima facie disclosed cognizable offences against the applicants, the charge sheet pending against the applicants cannot be quashed.

Akhil Bhartiya Akhada Parishad President Mahant Narendra Giri's Death By Suicide: Allahabad HC Denies Bail To Disciple Anand Giri

Case title - Anand Giri alias Ashok Kumar Chotiya v. State of U.P. and another [CRIMINAL MISC. BAIL APPLICATION NO. 51323 of 2021]

Case Citation: 2022 LiveLaw (AB) 427

The Allahabad High Court has rejected the bail application filed by Anand Giri, the prime accused in the alleged suicidal death of Mahant Narendra Giri who was the President of Akhil Bhartiya Akhada Parishad as well as the Mahant/Head of Shri Math "Baghambari Gaddi", Allahpur, Prayagraj and "Shri Bade/Lete Hanuman Ji Temple", Prayagraj.

The Bench of Justice Sanjay Kumar Singh observed that the materials collected by the C.B.I. during the investigation indicated that on account of the acts of Anand Giri (booked for abetting suicide) and coaccused, the deceased was put under tremendous pressure to die by suicide.

NHAI Is The Best Judge To Decide Which Land Would Be Suitable For Highway Construction: Allahabad High Court

Case title - Shyam Singh And Another v. State Of U.P. And 4 Others [WRIT - C No. - 17591 of 2022]

Case Citation: 2022 LiveLaw (AB) 428

The Allahabad High Court observed that the National Highway Authority of India (NHAI) is the best judge to decide which land would be suitable for the construction of the Highways and that no project can be stopped at the behest of one person who thinks that his land is not important for the widening of National Highway.

The bench of Justice Sunita Agarwal and Justice Jyotsna Sharma observed that while dealing with a writ petition filed by the petitioners [Shyam Singh And Another] praying that their land should not be acquired for the construction of the National Highway.

Allahabad High Court Grants Bail To Accused As Parents Of 8 Y/O Sexual Assault Victim Refuse To Get Her Medically Examined

Case title - Manoj Saxena v. State of U.P. and Another [CRIMINAL MISC. BAIL APPLICATION No. - 27038 of 2022]

Case Citation: 2022 LiveLaw (AB) 429

The Allahabad High Court granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.

The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking into account the larger mandate of Article 21 of the Constitution of India and the Apex Court's dictum in the case of Dataram Singh v. State of U.P. and another (2018) 2 SCC 22

Other updates from the High Court

Law Student's PIL Seeking Directions To Ensure Dignified Life For Sex Workers: Allahabad High Court Seeks UOI, State Govt Reply

The Allahabad High Court has issued a notice to the State government and the Union of India on a Public Interest Litigation (PIL) plea filed by a law student seeking directions to ensure dignified life standards for sex workers.

The bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh sought the replies of state and central governments on the plea moved by petitioner in person Jaya Pandey, who is a student at the University of Petroleum and Energy Studies

Allahabad High Court Orders Medical Examination Of 12 Y/O Rape Victim Carrying 16 Weeks Of Unwanted Pregnancy

The Allahabad High Court today ordered a medical examination of a 12-year-old rape victim who is presently carrying 16 weeks of unwanted pregnancy and has asked the state government to bear the entire expenses.

The Bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla ordered the KGMU Administration Lucknow to ensure admission of the victim girl and to conduct a medical examination, a report of which has to be presented before the court on or before September 14, 2022.

"Very Serious State Of Affairs": Allahabad High Court Takes Suo Moto Cognizance Over Recent Fire Incidents In Lucknow

The Allahabad High Court has taken suo moto cognizance of the recent fire incidents in Lucknow as it noted that several hotels, coaching centers, hospitals, and commercial establishments in Lucknow are without validly sanctioned maps and fire safety measures.

The bench of Justice Rakesh Srivastava and Justice Brij Raj Singh primarily took into account the recent two incidents that took place in the city, one in a well-known hotel (Levana Suites) and another, at a coaching center (Gravity Classes).

Allahabad High Court Grants 4 Weeks' Time To UP Govt To Decide On Representations Seeking Inclusion Of Rajbhar Community In ST List

The Allahabad High Court has granted 4 weeks' time to the UP Government to comply with the court's order (dated March 11, 2022) wherein it was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.

The bench of Justice Rohit Ranjan Agarwal has issued this direction on a contempt plea filed by Jago Rajbhar Jago Samiti stating that the Principal Secretary, Social Welfare Department of UP Govt had failed to take a decision over the inclusion of Rajbhar caste in the list of Scheduled Tribes as per Court's order.