Allahabad High Court Weekly Round-Up: April 03 To April 09

M/S Radhika Constructions through its Proprietor Mr. Rakesh Tiwari vs. State Of U.P. Thru. Secy Deptt. Of Geology And Mines Lko. And another 2023 LiveLaw (AB) 114

Jugadi Alias Nijamuddin vs. State Of U.P. Thru. Secy. Home Civil Sect. Lko And Another 2023 LiveLaw (AB) 115

Mohd. Moeed vs. State Of U.P. Thru. Prin. Secy. Home 2023 LiveLaw (AB) 116

Maulana Kaleem Siddiqui Vs. State Of U.P. Thru Prin.Secy. Home 2023 LiveLaw (AB) 117

Asif vs. State of U.P. and Another 2023 LiveLaw (AB) 118

Vikash Agarwal vs. State Of U.P. Thru. Addl. Chief/Prin.Secy. Urban Development Urban Development U.P. Lko. And Others 2023 LiveLaw (AB) 119

Pravin Kumar Singh @ Pravin Kumar And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another 2023 LiveLaw (AB) 120

XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others 2023 LiveLaw (AB) 121

ORDERS/JUDGMENTS OF THE WEEK

State Has A Duty To Obtain & Produce Credible Evidence Regarding Illegal Mining: Allahabad HC Sets Aside DM’s Order Cancelling Mining Lease

Case title - M/S Radhika Constructions through its Proprietor Mr. Rakesh Tiwari vs. State Of U.P. Thru. Secy Deptt. Of Geology And Mines Lko. And another

Case Citation: 2023 LiveLaw (AB) 114

The Allahabad High Court recently set aside an order of the District Magistrate canceling a mining lease as it observed that the inspection report, upon which the entire case against the petitioner stood, was not supplied to the lessee, which constituted a violation of principles of natural justice.

The Court also noted that the inspection report in the case was prepared in a cryptic manner which merely recorded that the petitioner made excavation and extracted minor minerals from the areas outside the mining area, however, no clinching materials were collected against the petitioner.

“It is nowhere mentioned when and where the inspection was carried out, who were present during the inspection and most importantly whether the inspection was carried out at the location allotted to the petitioner is also doubtful as the plot is identifiable by G.P.S. Coordinates and there is no mention that G.P.S. Coordinates were used for identification of the plot. These are the essential facts which go to the root of the matter,” the bench of Justice Alok Mathur observed.

'Cow Slaughter Law' Misused; IO Recovered Only Cow Dung From Spot: Allahabad HC Grants Relief To Accused, Says Fair Probe Not Done

Case title - Jugadi Alias Nijamuddin vs. State Of U.P. Thru. Secy. Home Civil Sect. Lko And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 182 of 2023]

Case Citation: 2023 LiveLaw (AB) 115

The Allahabad High Court granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter.

The bench of Justice Mohd. Faiz Alam Khan observed that neither the prohibited animal nor its flesh had been recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung had been collected by the Investigating Officer.

Lucknow Terror Conspiracy Case 2021: Allahabad High Court Grants Bail To An Alleged Al-Qaeda Terrorist

Case title - Mohd. Moeed vs. State Of U.P. Thru. Prin. Secy. Home

Case Citation:2023 LiveLaw (AB) 116

The Allahabad High Court granted bail to an alleged al-Qaeda terrorist who was arrested in 2021 in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the special NIA court had dismissed his bail plea.

The bench of Justice Attau Rahman Masood and Justice Saroj Yadav passed this order on the bail plea moved by the accused Mohd. Moeed.

Mass Religious Conversion 'Racket' Case| Allahabad High Court Grants Bail To Islamic Scholar Maulana Kaleem Siddiqui

Case title - Maulana Kaleem Siddiqui Vs. State Of U.P. Thru Prin.Secy. Home [CRLA/2734/2022]

Case Citation: 2023 LiveLaw (AB) 117

The Allahabad High Court granted bail to Islamic scholar Maulana Kaleem Siddiqui who was arrested in September 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of running a mass religious conversion racket in the State and converting the religion of over 1000 people across the state.

The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav passed this order on the bail plea moved by Siddiqui

‘Can’t Permit Such Offences To Flourish’: Allahabad HC Denies Relief To Man Accused Of Making Objectionable FB Post Against Lord Shiva

Case title - Asif vs. State of U.P. and Another [APPLICATION U/S 482 No. - 10602 of 2023]

Case Citation: 2023 LiveLaw (AB) 118

The Allahabad High Court refused to quash criminal proceedings against one Asif accused of making objectionable remarks against lord Shiva on Facebook employing objectionable language.

“Offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community,” the bench of Justice JJ Munir observed.

Local Body Polls: Allahabad High Court Directs UP Govt To Upload OBC Commission's Report On Its Website In 4 Days

Case title - Vikash Agarwal vs. State Of U.P. Thru. Addl. Chief/Prin.Secy. Urban Development Urban Development U.P. Lko. And Others [WRIT - C No. - 2713 of 2023]

Case Citation: 2023 LiveLaw (AB) 119

The Allahabad High Court directed the Uttar Pradesh government to upload on its website the report prepared by the dedicated Uttar Pradesh Backward Classes Commission to study the representation of Other Backward Class (OBCs) in urban local bodies.

It may be noted that the commission was set up in January this year tasked with the primary responsibility to collect empirical data on the political backwardness of the community and to look into the issue of reservation to Other Backward Classes (OBCs) in urban local body elections.

'Legally Impermissible' To Quash Rape, POCSO Act Cases On The Basis Of Compromise Between Accused-Victim: Allahabad HC

Case title - Pravin Kumar Singh @ Pravin Kumar And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another [APPLICATION U/S 482 No. - 2941 of 2023]

Case Citation: 2023 LiveLaw (AB) 120

The Allahabad High Court observed the quashing of a Rape case or cases POCSO Act on the basis of the compromise entered between the accused and the victim is legally impermissible.

The bench of Justice Ajai Kumar Srivastava-I observed thus while it refused to quash a 9 year old rape case filed by the victim against the accused on the ground that the matter had been compromised between the parties.

Society's Dark Face That Families Still Feel Shy Marrying Their Son/ Daughter Out Of Caste: Allahabad High Court

Case title - XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others [APPLICATION U/S 482 No. - 9901 of 2023]

Case Citation: 2023 LiveLaw (AB) 121

The Allahabad High Court observed that it is society's dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.

The bench of Justice Rahul Chaturvedi observed thus while dealing with a joint plea filed by a woman (victim) and her husband (accused) seeking to quash the chargesheet filed against the accused under sections 363, 366 IPC, and Section 7/8 of the POCSO Act.

OTHER UPDATES FROM THE HC

GYANVAPI| 'Lethargic Attitude': Allahabad HC Raps ASI DG For Failure To File Reply On Safe Evaluation Of 'Shiva Linga' Age

The Allahabad High Court rapped Archaeological Survey of India's Director General V. Vidyavathi for her failure to file a reply giving an opinion as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done.

Calling her attitude as 'LETHARGIC', the bench of Justice Arvind Kumar Mishra-I observed that her inaction has hampered the proceedings of the Court. However, the Court went ahead to give her a last chance to file a reply in the case on or before April 17.

Krishna Janmabhumi Case: Allahabad HC Gives Last Chance To Respondents To File Reply In Plea Seeking Transfer Of Pending Suits

The Allahabad High Court granted a last chance to the respondents to file their replies in a plea filed before the HC seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.

The Bench of Justice Arvind Kumar Mishra-I passed this order today weeks after it entertained and agreed to hear a Transfer plea filed by Bhagwan Shrikrishna Virajman And 7 Others seeking the transfer of suits pending in Mathura Court to the HC.

Allahabad HC's 7 Judges Bench Takes Serious View Of Kanpur Bar Association's Continued Strike, Directs Its Office Bearers To Appear Before It Tomorrow

Taking serious note of the continued strike of the Kanpur Bar Association and the Lawyers Association, the Allahabad High Court's 7 Judges bench directed the office bearers of the Associations to appear before the Court tomorrow.

A full bench of Chief Justice Pritinker Diwaker, Justice Sunita Agarwal, Justice Surya Prakash Kesarwani, Justice Manoj Kumar Gupta, Justice Anjani Kumar Mishra, Justice Dr. Kaushal Jayendra Thaker and Justice Mahesh Chandra Tripathi passed this order after asserting that every strike of the lawyers, causes irreversible damage to the judicial system, particularly to the litigants.

Comment About PM: Allahabad HC Issues Notice To UP Govt On Congress Leader Pawan Khera's FIRs Quashing Plea

The Allahabad High Court issued notice to the Uttar Pradesh Government on Congress Spokesperson Pawan Khera's plea seeking quashing of FIRs against him for his alleged 'Narendra Gautam Das Modi' Remark against Prime Minister Narendra Modi.

Khera has moved the High Court days after Supreme Court clubbed the FIRs against him at Varanasi and Assam over the alleged comment and transferred them to Police Station, Hazratganj, Lucknow. Seeking quashing of the FIRs, Khera has also sought a stay on the investigation in the cases.