Allahabad High Court Weekly Round Up: March 6 To March 12, 2023

Kalika Pratap Singh vs. State Of U.P. And Another 2023 LiveLaw (AB) 85

Krishna Kumar Pal @ Umesh Pal vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 86

Rajesh Chandra @ Rakesh And Another vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 87

U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others 2023 LiveLaw (AB) 88

Syed Mohiuddin Ahmad vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 89

X (Minor) v. State of U.P. and Another 2023 LiveLaw (AB) 90

Ramu Mallah vs. State of U.P. 2023 LiveLaw (AB) 91

Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw (AB) 92

ORDERS/JUDGMENTS OF THE WEEK

Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court

Case title - Kalika Pratap Singh vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 33349 of 2022]

Case citation: 2023 LiveLaw (AB) 85

The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court.

The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated against him for allegedly abetting the suicide of a woman.

'Writ Of Atique Runs In Police Station Area, Not Of Govt': Allahabad HC Cancels Bail Of MLA Raju Pal Murder Case Accused

Case title - Krishna Kumar Pal @ Umesh Pal vs. State Of U.P. And 2 Others [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 5 of 2019]

Case citation: 2023 LiveLaw (AB) 86

While cancelling bail granted to an accused (Farhan) in the 2005 murder of then BSP legislator Raju Pal in Prayagraj, the Allahabad High Court observed that in the area of the Police Station Dhomanganj/Dhoomanganj, Prayagraj the writ of the State Government does not run, rather, the writ of dreaded criminal, Ateeq Ahmad runs.

The court observed thus as it noted that both Raju Pal and the star witness of the murder case, Umesh Pal (killed last month) were eliminated by assailants acting allegedly at the behest of Former MP Atique Ahmed.

‘Clear Violation Of Article 300A’: Allahabad High Court Directs Probe Against NHAI For Delaying Compensation

Case Title - Rajesh Chandra @ Rakesh And Another vs. State Of U.P. And 2 Others

Case Citation: 2023 LiveLaw (AB) 87

The Allahabad High Court directed the Principal Secretary (Revenue) Uttar Pradesh to conduct an inquiry against the officials of the National Highways Authority of India (NHAI) for the delay in awarding compensation to people of nine villages despite acquiring their land for a highway project.

The bench of Justice Sunita Agarwal and Justice Manjive Shukla passed this order on a plea moved by two such landholders whose pieces of land were acquired in 2016, however, no compensation for the same was awarded to them even when the highway has already been constructed.

RTE Act| State Not Bound To Provide Free Text Books, Uniforms To All 6th-8th Class Private School Students: Allahabad HC

Case title - U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 178 of 2023]

Case Citation: 2023 LiveLaw (AB) 88

The Allahabad High Court has observed that the state is not bound to provide free textbooks and uniforms to all the students studying in unaided junior high schools being managed by private management.

The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi however added that the state and local authorities do have a duty to provide free textbooks and uniforms each year only to such students who are admitted in terms of the provisions of Section 12(1)(c) of the RTE Act, 2009.

'Alleged Abusing Incident Took Place Inside Car': Allahabad HC Quashes Summoning Order, NBW Against Accused For SC/ST Act Offence

Case title - Syed Mohiuddin Ahmad vs. State Of U.P. And 2 Others [CRIMINAL APPEAL No. - 8338 of 2022]

Case citation: 2023 LiveLaw (AB) 89

The Allahabad High Court quashed an order of the subordinate court issuing a summons to an accused for facing the trial of offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as it noted that the alleged act of abusing the victim took place inside the car, and not in public view.

The bench of Justice Raj Beer Singh relied upon the Uttarakhand High Court's ruling in the case of Hitesh Verma vs. The State of Uttrakhand and another 2020 AIR (SC) 5584, wherein it was held that if the alleged incident of abuse took place inside the car, which is not in public view, thus, no offence under Section 3(1)(da), (dha) can be said to be made out.

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection

Case Title- X (Minor) v. State of U.P. and Another

A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act (Juvenile Justice Act,2015) to a person, who was at the time of incident juvenile and accused of heinous offence. The court observed that the Appellate Court and JJ Board (Juvenile Justice Board) have failed to properly appreciate the mandatory provision of section 12 of JJ Act.

The bail application of the accused person charged under Sections 302,201,34 of Indian Penal Code (I.P.C) was rejected by the JJ Board on the ground of gravity of the offence and the reason that there appears a reasonable ground for believing that the guardian of the juvenile has no effective control over the accused person and there is a possibility of re-occurrence of the offence after his release.

Mukhtar Ansari Gang Most Dreaded Gang Of India, Says Allahabad HC Denying Bail To Alleged Gang Member In Murder Case

Case title - Ramu Mallah vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 10996 of 2020]

Case citation: 2023 LiveLaw (AB) 91

Terming 'Mukhtar Ansari Gang' as the most dreaded criminal gang of India, the Allahabad High Court denied bail to an alleged Ansari gang member in a murder case.

The bench of Justice Dinesh Kumar Singh observed thus while denying bail to a murder accused (one Ramu Mallah), who is an alleged member of the Mukhtar Ansari Gang.

Before the Court, Ramu Mallah's bail plea was opposed by the government while arguing that he is a member of the Mukhtar Ansari gang and that an FIR has been registered against Ramu Mallah under serious sections including murder, Arms Act.

When Should Proclamation U/S 82, 83 CrPC Be Issued Against A Person To Compel His Appearance In Court?: Allahabad HC Explains\

Case title - Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/Acb Lko [APPLICATION U/S 482 No. - 1974 of 2023]

Case Citation: 2023 LiveLaw (AB) 92

The Allahabad High Court explained as to when a Proclamation under Sections 82, 83 CrPC be issued against a person to compel him to appear before the court be issued. The bench of Justice Rajesh Singh Chauhan decoded the procedure as laid down in the CrPC for the issuance of a proclamation, summons, and arrest warrants

Untangling the intricate procedure laid down in the Code of Criminal Procedure (CrPC) regarding the issuance of proclamation, the bench set aside a Non Bailable warrant and issuance of process under Section 82 of the CrPC against one Purushottam Chaudhary pertaining to a corruption case.