Allahabad High Court Weekly Roundup: May 16 To May 22, 2022

Manvir v. State 2022 LiveLaw (AB) 242

Preeti Malik v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 243

Anwar Ali v. State Of U.P. And Anr 2022 LiveLaw (AB) 244

Rajneesh Kumar Pandey v. Union of India and others 2022 LiveLaw (AB) 245

Dashrath Singh v. State of U.P. and Others 2022 LiveLaw (AB) 246

Ankita Dikshit v. State Of U.P. And Anr. 2022 LiveLaw (AB) 247

Ravi Kant v. State Of U.P. Thru. Secy. Deptt. Home, Govt. Up Civil Sectt. Lko. And Others 2022 LiveLaw (AB) 248

Jaywanti Devi v. Union of India and others and connected pleas 2022 LiveLaw (AB) 249

Smt. Krishna Devi v. State of U.P. and Another 2022 LiveLaw (AB) 250

Sonu Kasai v. State of U.P. 2022 LiveLaw (AB) 251

Ramsagar v. State of U.P. 2022 LiveLaw (AB) 252

Anwar Shahzad v. State of U.P. and Others 2022 LiveLaw (AB) 253

Deepika Sharma v. State of U.P. and Another 2022 LiveLaw (AB) 254

Orders/Judgments of the week

[80 Yr Old Woman's Rape-Murder Case] "Relationship Not A Factor Affecting Credibility Of Witness": Allahabad HC Upholds Life Sentence

Case title - Manvir v. State

Case Citation: 2022 LiveLaw (AB) 242

The High Court observed that relationship is not a factor affecting the credibility of a witness as there is no bar in law on examining family members as witnesses. The Court also stressed that evidence of a related witness can be relied upon provided it is trustworthy.

The bench of Justice Suneet Kumar and Justice Vikram D. Chauhan observed thus while upholding the life sentence awarded to an accused who raped and murdered an 80-year-old woman in the year 2006 and was convicted by Additional Sessions Judge, Gautambudh Nagar under Sections 376 and 302 of the Indian Penal Code.

"She Became Proud Mother But Paid Heavy Price": Allahabad HC Grants Relief To Woman Who Failed To Appear For PE Test During Pregnancy

Case title - Preeti Malik v. State Of U.P. And 4 Others

Case Citation: 2022 LiveLaw (AB) 243

In a significant order, the High Court directed the State Government to conduct a Physical Efficiency Test of a woman (for the post of Jail Warder), who failed to appear for the test last year on account of her pregnancy.

Quoting Maharishi Ved Vyas, the Bench of Justice Saurabh Shyam Shamshery

"नास्ति मातृसमा छाया, नास्ति मातृसमा गति:। नास्ति मातृसमं त्राणं. नास्ति मातृसमा प्रिया। (माता के समान कोई छाया नहीं है, माता के समान कोई सहारा नहीं है। माता के समान कोई रक्षक नहीं, माता के समान कोई प्रिय वस्तु नहीं है।) [There is no shade like a mother, no resort-like a mother, no security like a mother, no other ever-giving fountain of life!]"

The Court also noted that the petitioner had traveled a journey of motherhood and became a proud mother, but forced to pay heavy price for it, being denied permission by respondents to appear for physical efficiency test, after she gave birth to a baby.

"Betrayed Wife, Breached Minor Girl's Trust": Allahabad HC Denies Bail To Married Man Accused Of Pressurizing Minor To Convert To Islam

Case title - Anwar Ali v. State Of U.P. And Anr

Case Citation: 2022 LiveLaw (AB) 244

The High Court denied bail to a married man who has been accused of trying to convert the prosecutrix to the Muslim religion and was pressurizing her to perform Nikah.

The bench of Justice Dinesh Kumar Singh noted that the accused only betrayed his wife and family, but also breached the trust of an innocent girl, who believed in him and got entangled in his false love.

Essentially, the Court was dealing with the bail plea of one Anwar Ali who has been booked under Sections 363, 366, 376 IPC, Section 3/5 POCSO Act. Allegedly, he introduced himself through social media to the prosecutrix as 'Raj' and got her entangled in his false love web.

Allahabad High Court Dismisses PIL To Connect All Places Where Lord Rama Took Rest At Night During His 'Ban Gaman'

Case title - Rajneesh Kumar Pandey v. Union of India and others

Case Citation: 2022 LiveLaw (AB) 245

The High Court dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to construct the 'Ram Ban Gaman Marg' as per the historical evidence and to connect all such places where Lord Rama took rest at night during his forest Travel (Ban Gaman/वन-गमन).

The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir observed that the issue raised by the Petitioner, a political person, cannot be decided in the writ petition. Therefore, the Court dismissed the plea.

Allahabad HC Quashes Service Dismissal Order Passed Against Police Constable Who Allegedly Misbehaved With SO In Inebriated State

Case title - Dashrath Singh v. State of U.P. and Others

Case Citation: 2022 LiveLaw (AB) 246

The High Court quashed an order passed against an Uttar Pradesh Police Constable removing him from service allegedly because he entered into an argument with the Station Officer in an inebriated state.

The Bench of Justice Siddhartha Varma observed that the finding, that the Constable was in a drunken state, was arrived at simply because the petitioner was smelling of alcohol.

Calling it an absolutely erroneous decision on the part of the Enquiry Officer, the Court quashed and set aside the order dated 31.10.2009 passed by the Superintendent of Police, Lalitpur dismissing him from services.

[Section 125 CrPC] Father Not Absolved From Taking Responsibility Of Child Even If Mother Is Earning: Allahabad High Court

Case Title - Km. Ankita Dikshit v. State Of U.P. And Anr.

Case Citation: 2022 LiveLaw (AB) 247

The High Court has observed that the father is legally bound to maintain his child according to the status and lifestyle and it doesn't matter if the mother of the child is also working and earning.

The Bench of Justice Brij Raj Singh further observed that a father can't be absolved of his responsibility to maintain a child on the ground that the child does not show compassion towards him.

Allahabad HC Refuses To Quash FIR Against Lucknow University Prof Ravi Kant Over His Remarks On 'Gyanvapi Dispute', Hindu Saints

Case title - Ravi Kant v. State Of U.P. Thru. Secy. Deptt. Home, Govt. Up Civil Sectt. Lko. And Others

Citation: 2022 LiveLaw (AB) 248

The High Court refused to quash an FIR registered against Lucknow University, Professor Ravi Kant Chandan, over his alleged 'derogatory' remarks against Kashi Vishwanath Temple, Hindu saints in connection with the ongoing Kashi Vishwanath Temple-Gyanvapi Mosque dispute.

The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur, however, directed UP police to comply with the provisions as contained under Section 41 (1) (b) read with Section 41-A of the CrPC, in case Professor Chandan's arrest is effectuated.

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project

Case title - Jaywanti Devi v. Union of India and others and connected pleas

Case Citation: 2022 LiveLaw (AB) 249

The High Court dismissed pleas challenging land acquisition notifications of the Union Government for the purpose of widening, maintenance, management, and operation of National Highways in district Pilibhit under the Green National Highway Corridor Project

The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir noted that the project is for the development of infrastructure and has national importance.

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC

Case title - Smt. Krishna Devi v. State of U.P. and Another [CRIMINAL REVISION No. - 205 of 2016]

Case Citation: 2022 LiveLaw (AB) 250

The High Court observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.

With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the family court rejecting the plea of one Krishna Devi under Section 125 Cr.P.C. seeking direction to her husband to pay her at least Rs.10,000/- as the monthly maintenance.

"Deposit ₹25K In UP Gosewa Ayog": Allahabad High Court Imposes Bail Condition On Man Booked Under 'UP Cow Slaughter Act'

Case title - Sonu Kasai v. State of U.P.

Case citation: 2022 LiveLaw (AB) 251

The High Court granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that she shall deposit Rs. 25,000/- in 'UP Gosewa Ayog, Lucknow' within four weeks from the date of his release from jail.

The bench of Justice Saurabh Lavania issued this order while granting bail to one Sonu Kasai, who was booked under Sections 3/5/8 of the Cow Slaughter Act, 1955 after being found in possession of meat/beef (allegedly of Cow).

Not Pressing Criminal Appeal By Accused After Conviction By Lower Court Is Like Confession Of Offence: Allahabad High Court

Case title - Ramsagar v. State of U.P. [CRIMINAL APPEAL No. - 465 of 2020]

Case Citation: 2022 LiveLaw (AB) 252

"Not pressing the criminal appeal after the conviction of the accused by the court below is like the confession of the offence by the accused," the Allahabad High Court observed recently as it upheld the conviction of a man under Section 354 IPC [Assault or criminal force to woman with intent to outrage her modesty].

The Bench of Justice Suresh Kumar Gupta however reduced the sentence of the convict to the period of imprisonment already undergone by him (about 8 months).

FIR Under 'UP Gangsters Act' Can Be Lodged On The Basis Of A Single Case: Allahabad High Court

Case title - Anwar Shahzad v. State of U.P. and Others [CRIMINAL MISC. WRIT PETITION No. - 3668 of 2021]

Case Citation: 2022 LiveLaw (AB) 253

The High Court observed that a first information report under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 can be lodged on the basis of the involvement of an accused in a single previous case

The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed thus while relying upon an earlier judgment of the High Court in the case of Ritesh Kumar Alias Rikki vs. State of U.P. and another.

"Majority Of Parents Blame Daughter In Law If Their Son Dies Untimely": Allahabad HC Orders Compassionate Appointment For Widow

Case title - Deepika Sharma v. State of U.P. and Another [WRIT - A No. - 5030 of 2022]

Case Citation: 2022 LiveLaw (AB) 254

"...majority of the parents, whose son dies untimely, blame his widow for his death and want to get rid of her by resorting to all means, fair and foul, to deprive her of the estate of her husband," the High Court observed as it ordered compassionate appointment for a widow.

The bench of Justice Siddharth observed thus while hearing a plea filed by Deepika Sharma seeking a direction to the District Basic Education Officer, Kushinagar, to grant her compassionate appointment on account of her husband's death.

Weekly updates from the High Court

Applicability of GST On Royalty On Mining: Allahabad High Court Directs Assessee To Reply To SCN

The High Court bench of Justice Devendra Kumar Upadhyaya and Justice Brij Raj Singh, while dealing with the issue of the applicability of GST on royalties on mining, has directed the assessee to reply to the show cause notice issued by the department.

The petitioner/assessee is in the business of mining sand from the sites licenced to them by the government and is also engaged in the trading of sand.

'Vishweshwar Jyotirlinga' Is Situated Below Gyanvapi Mosque Which Is Self Manifested : Lord's Next Friend Argues In Allahabad HC

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

In the ongoing hearing before the Allahabad High Court in connection with the Kashi Vishwanath temple-Gyanvapi mosque dispute, the next friend of Lord Vishweshwar, one of the contesting respondents in the case today argued that the Linga which is situated in the Gyanvapi Mosque is actually Swayambhu (Self manifested) and also a Jyotirlinga.

It may be noted that Jyotirlinga, is a devotional representation of the Hindu god Shiva. As per the Shiva Purana, the Jyotirlinga situated in present time Varanasi is among 12 Maha Jyotirlingas, where the deity Shri Vishwanath/Vishweshwara (Lord of the Universe) presides.