Allahabad High Court Weekly Round-Up: October 24 To October 30, 2022

Lokesh Kumar Khurana and others v. Union of India and others along with connected matters 2022 LiveLaw (AB) 475

Malati Devi v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 476

Rama Nand v. Hira Lal : 2022 LiveLaw (AB) 477

ORDERS/JUDGMENTS OF THE WEEK

Gorakhpur Hospital Tragedy 2017 | Allahabad High Court Dismisses PIL Seeking Judicial Probe

Case title - Lokesh Kumar Khurana and others v. Union of India and others along with connected matters

Case Citation: 2022 LiveLaw (AB) 475

The Allahabad High Court dismissed a bunch of Public Interest Litigation (PIL) Pleas seeking a judicial probe into the death of 63 children which took place in BRD Medical College (in Gorakhpur district) in 2017.

The PIL plea was dismissed by the bench of Chief Justice Rajesh Bindal and Justice J. J. Munir after taking into account the statement made by the state's counsel that the matter was inquired into and a report was submitted and the guilty doctors and staff were punished, and further, proper corrective measures were taken in all the hospitals.

Allahabad High Court Stays Demolition Order Against UP Hospital Accused Of Transfusing Fruit Juice To A Dengue Patient

Case title - Malati Devi v. State Of U.P. And 3 Others [WRIT - C No. - 32813 of 2022]

Case Citation: 2022 LiveLaw (AB) 476

The Allahabad High Court stayed, for 6 weeks, the proposed demolition of a Prayagraj Hospital which is presently embroiled in controversy for allegedly administering Mosambi (sweet lime) juice instead of platelets to a 32-year-old dengue patient.

The bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar gave the liberty to one Malati Devi who owns the land and the property in which the Hospital is presently functioning to file an objection to the demolition notice sent by the Prayagraj Development Authority (PDA) within two weeks.

The Court gave this order on a writ plea moved by the petitioner challenging the demolition notice received by her.

Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad High Court

Case title - Rama Nand v. Hira Lal [SECOND APPEAL No. - 1698 of 1990]

Case Citation: 2022 LiveLaw (AB) 477

The Allahabad High Court has held that the Magistrate has the power to enforce an order of maintenance passed under Section 125 Cr.P.C. by issuing a warrant to the Collector to recover the same as arrears of land revenue.

The bench of Justice J. J. Munir clarified that if read conjointly, Section 125(3) and Section 421 give power to the Magistrate to issue a warrant to the Collector for recovering the defaulted maintenance as arrears of land revenue.

UPDATES FROM THE HIGH COURT

Section 149 IPC Is One Of The Most Misused And Misinterpreted Provisions Of The Present Times: Allahabad High Court

The Allahabad High Court has observed that Section 149 I.P.C is one of the most misused and misinterpreted provisions of the present times so far as the investigation by the Investigating Officers of police or any other investigating agency of crime is concerned.

The bench of Justice Siddharth observed thus while dealing with a bail plea wherein the accused was implicated, inter alia, under Section 149 of IPC, however, in its analysis of the facts of the case, the Court noted that the ingredients of the said offence were not made out against him.

'Sevayats' Object To Local Administration's Involvement In Mathura's Banke Bihari Temple Affairs: Allahabad HC Seeks UP Govt's Reply

Certain Sevayats of the Banke Bihari temple (in Mathura) have objected to the involvement of local administration in the Temple affairs. This submission was made before the Allahabad High Court which is presently hearing a PIL plea with regard to the safety and security of pilgrims visiting Banke Bihari Temple in Mathura.

For the uninitiated, Bankey Bihari Temple is situated in Vrindavan, Mathura and it is dedicated to Bankey Bihari who is believed to be the combined form of Radha and Krishna. This temple was established by Swami Haridas.

It may further be noted that the Goswamis of the Saraswat Brahmin community have the right to serve in Thakur Banke Bihari temple. They perform puja-archana and shringar in the temple and are called Sevayats. It is their specific plea that since the Banke Bihari Temple is a private temple, no external interference should be allowed.