Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023
Sparsh Upadhyay
8 May 2023 9:11 PM IST
NOMINAL INDEX Juvenile 'X' (Minor) Thru. His Father vs. State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another 2023 LiveLaw (AB) 140 U.P. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 Others 2023 LiveLaw (AB) 141 Rajeev Kumar Yadav vs. State Of Up And 3 Others 2023 LiveLaw (AB) 142 Ajay Diwakar vs. State Of U.P. And 3 Others along with connected bail...
NOMINAL INDEX
Juvenile 'X' (Minor) Thru. His Father vs. State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another 2023 LiveLaw (AB) 140
U.P. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 Others 2023 LiveLaw (AB) 141
Rajeev Kumar Yadav vs. State Of Up And 3 Others 2023 LiveLaw (AB) 142
Ajay Diwakar vs. State Of U.P. And 3 Others along with connected bail pleas 2023 LiveLaw (AB) 143
Udit Arya vs. State of U.P 2023 LiveLaw (AB) 144
ORDERS/JUDGMENTS OF THE WEEK
Lucknow PUBG-Murder Case| Allahabad High Court Grants Bail To Juvenile Accused Of Killing Mother
Case title - Juvenile 'X' (Minor) Thru. His Father vs. State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another
Case Citation: 2023 LiveLaw (AB) 140
In the infamous Lucknow PUBG-Murder case, the Allahabad High Court granted bail to the 16-year-old boy (at the time of the incident) who has been accused of killing his own mother using his father’s licensed pistol.
Though initially it was claimed that the Boy killed his mother as she stopped him from playing PUBG, a mobile-based game, the subsequent news reports suggest that the Juvenile admitted that he killed his mother as he was irritated with the frequent visits of a property dealer to his house to meet his mother.
Case title - U.P. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 Others [MATTERS UNDER ARTICLE 227 No. - 5967 of 2022]
Case Citation: 2023 LiveLaw (AB) 141
The Allahabad High Court directed a Court in Mathura to decide the suit pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah land dispute, pending before it, without being influenced by the observations made by the Mathura District Judge on the merits/contentious issues of the case in its 19 May 2022 order.
Significantly, this order of the Allahabad High Court has paved the way for the resumption of the hearing of the suit before the Mathura Court seeking the removal of the Shahi Eidgah (mosque), located adjacent to the Shri Krishna temple complex in Mathura, and the transfer of 13.37-acre land to the deity-Bhagwan Shrikrishna Virajman.
Case title - Rajeev Kumar Yadav vs. State Of Up And 3 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 699 of 2023]
Case Citation: 2023 LiveLaw (AB) 142
The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea challenging the Uttar Pradesh Government's March 10 circular to provide financial aid (Rs. 1 Lakh to each district) for holding religious events during Navratri Puja and Ram Navami festivals that began on March 22.
“…the said Government Order has been found issued, to publicize different development works and developments of basic amenities by the Tourism Department of the State Govt. and other departments of the State Government, at various temples. No amount has been found payable to any priest or for any purpose associated with the activities at any temple,” the bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh said.
Case title - Ajay Diwakar vs. State Of U.P. And 3 Others along with connected bail pleas
Case Citation: 2023 LiveLaw (AB) 143
In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.
The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a physical relationship between the minor victim and accused could be presumed, then a rape case could be made out as the fact of whether consent was given or not, is immaterial.
Case title - Udit Arya vs. State of U.P [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4560 of 2023]
Case Citation: 2023 LiveLaw (AB) 144
The Allahabad High Court has observed that a proclaimed offender is not barred from filing an Anticipatory bail application under section 438 of CrPC.
The bench of Justice Krishan Pahal further observed that neither Section 82 CrPC (Proclamation for person absconding) nor Section 438 CrPC imposes any restriction in the filing of the anticipatory bail application by the proclaimed offender.
In this regard, the bench also referred to the Apex Court's ruling in the case of Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730 to note that the Top Court had said the anticipatory bail application of the proclaimed offender should not be entertained normally.
Other Updates of the Week
The Allahabad High Court reserved its verdict in a plea filed before it seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the HC.
The Bench of Justice Arvind Kumar Mishra-I passed reserved the order today weeks after it entertained and agreed to hear the Transfer plea filed by Bhagwan Shrikrishna Virajman And 7 Others.
The Allahabad High Court issued various directions on the administrative side to all the District and Sessions Judges in Uttar Pradesh pertaining to the disposal of bail pleas in light of the Supreme Court’s Judgment in the case of Satender Kumar Antil vs. Central Bureau ofInvestigation and another 2022 LiveLaw (SC)577.
In a letter written by the Registrar General of the High Court, the District and Sessions Judges in Uttar Pradesh have been directed to dispose of the Bail Applications within two weeks and strictly follow SC’s Judgment in Satender Kumar Antil (supra).
