Allahabad High Court
"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents
While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons.Stressing their right to education and right to life under Article 21 of the Constitution of India, Justice Ajay Bhanot observed that “Prison walls cannot obstruct the onrush of the fruits of Article 21 for children.”BackgroundThe...
Trial Judges Shouldn't Be Like Tape Recorder While Recording Evidence, Must Ask Relevant Questions To Hostile Witnesses: Allahabad HC
The Allahabad High Court recently observed that the Presiding Officer sitting in the Trial Court while recording the evidence must not act like a spectator and tape recorder and must actively participate in the court proceedings. The court added that if any witness is declared hostile by the prosecution, the court itself must ask relevant questions to the witness, and if it finds sufficient grounds, it must proceed against such witness in accordance with law. A bench of Justice ...
Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry
The Allahabad High Court recently stayed the arrest of a man in connection to an FIR lodged against him on the allegations of procuring a naturalisation certificate under the Citizenship Act 1955 by fraud. Dealing with a writ petition filed by the petitioner [Meisheng Chiang (Chiang Mei Sheng)] seeking the relief of quashing of FIR, a bench of Justice Sangeeta Chandra and Justice Om Prakash Shukla directed to implead Secretary, Ministry of Home Affairs in the plea and issued a notice...
Allahabad HC Refuses Relief To YouTuber Mridul Madhok Accused Of Body Shaming, Defaming Fitness Influencer Kopal Agarwal
The Allahabad High Court last week rejected a writ petition moved by YouTuber and Instagram influencer Mridul Madhok seeking quashing of an FIR lodged against him over allegations of body shaming, defaming and making false claims regarding fitness influencer Kopal Agarwal. Observing that a cognizable offence was found to have been committed by Madhok after perusing the impugned FIR, the court rejected his petition. A bench of Justice Sangeeta Chandra and Justice Om Prakash Shukla,...
Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC
The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. A bench of Justice Ram Manohar Narayan Mishra made this observation while dismissing a criminal revision plea filed challenging an order of the Judicial...
Allahabad High Court Allows Withdrawal Of PIL Against Appointment Of SP Gupta As State Information Commissioner
On Wednesday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) plea as withdrawn, challenging Swatantra Prakash Gupta's appointment as the State Information Commissioner. The PIL plea, filed by the petitioner in person, Ashish Kumar Singh, challenged Gupta's appointment as the SIC, contending that it violates Section 15(6) of the Right to Information Act, 2005,...
Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
The Allahabad High Court (Lucknow Bench) today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty...
'While Public Going Wild On Social Media Over Court Delays...' : Allahabad HC Slams Litigant Objecting To Speedy Court Proceedings
In a scathing observation, the Allahabad High Court recently slammed a litigant (petitioner) who moved the court against the swift proceedings in a case under the UP Consolidation of Holdings Act, 1953.A bench of Justice JJ Munir observed that it was ironic that while social media and public platforms often criticize the judiciary for prolonged court proceedings and frequent adjournments,...
[S.16 Arbitration Act] Jurisdiction Of Tribunal Cannot Be Challenged After Submission Of Defence: Allahabad High Court
The Allahabad High Court has held that as per Section 16(2) of the Arbitration and Conciliation Act, 1996, the jurisdiction of an arbitral tribunal cannot be challenged after submission of defence and that the arbitral tribunal is empowered to adjudicate on its own jurisdiction.The bench of Justice Siddhartha Varma and Dr. Justice Yogendra Kumar Srivastava held “Section 16 of the...
Allahabad High Court Directs Registration Of PIL For Creation Of 9149 Trial Courts, Says Matter Interests 'Public At Large'
In a plea to expedite a 14-year-old criminal revision, the Allahabad High Court has directed the Registry to register a PIL pertaining to the creation of courts in the trial judiciary, and place it before the Chief Justice for appropriate directions.Justice Rajeev Singh held that, “this Court is of the view that the issue related to the creation of 9149 courts is related to interest of...
Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025
NOMINAL INDEX Neeraj Kumar v. Smt. Shradha Goel 2025 LiveLaw (AB) 20 Rekha And 3 Ors. vs. State Of U.P. And 2 Ors. 2025 LiveLaw (AB) 21 Alka Singh Chauhan v. Shakti Singh 2025 LiveLaw (AB) 22 2025 LiveLaw (AB) 23 Amar Singh v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Administration Deptt. Lko. And 2 Others 2025 LiveLaw (AB) 24 Chandrakant Tripathi vs. State...
'Violation Of Familial Trust': Allahabad HC Denies Bail To POCSO Accused For 'Illicit' Relation With Minor Sister-In-Law
The Allahabad High Court recently denied bail to a man booked under the POCSO Act, Indian Penal Code and Dowry Prohibition Act on the allegations of harassing his wife (complainant/informant) for dowry as well as for enticing away her minor sister and subjecting her to aggravated penetrative sexual assault. A bench of Justice Sanjay Kumar Singh remarked that the accused's alleged...