Allahabad HC Refuses To Quash 'Riots' FIR Lodged By Sitting MLA Against Bahraich Violence Victim's Relative, BJYM City Chief

The Allahabad High Court recently refused to quash an FIR, lodged on the complaint of Mahasi MLA Sureshwar Singh against a relative of the Bahraich violence victim Ram Gopal Mishra, the BJYM City Chief, and others. For the uninitiated, on October 13, the final day of Durga Puja celebrations, communal violence broke out in the Maharajganj/Mehsi area of District Bahraich after some local members of a particular community objected to the playing of loud music. The altercation further...

UP Panchayat Raj Rules 1997 | DM Can't Remove A Pradhan Solely Based On A Spot Inspection Sans A Formal Inquiry: Allahabad HC

The Allahabad High Court recently observed that an order for the removal of a Pradhan by the District Magistrate can't be passed only based on a spot inspection made by the Enquiry Officer without complying with the provisions of Rules 6 and 7 of the UP Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules 1997. A bench of Justice Manish Kumar Nigam noted that while the District Magistrate has the power to either cease the financial and administrative powers or oust...

UP Courts Can't Entertain Anticipatory Bail Pleas For Offences Punishable By Death As State Amendment Prohibits It: Allahabad HC

The Allahabad High Court has held that since the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 bars the grant of anticipatory bail in cases where the offence is punishable by a death sentence, the Courts cannot entertain pre-arrest bail pleas concerning such cases. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari held thus while answering a reference made by a single judge of the HC in April this year. The question referred for the...

Not Lawful For Magistrate To Direct Preliminary Inquiry Into Sexual Assault Allegations Made In S. 156 (3) CrPC Application: Allahabad HC

The Allahabad High Court has observed that it is neither desirable nor lawful for a Magistrate, dealing with a Section 156 (3) plea containing sexual assault allegations, to direct a preliminary investigation/inquiry by police and to place reliance on the police report submitted in favour of the proposed accused. The Court observed that such an approach of the magistrate is not...

Ghaziabad Bar Association Moves Allahabad HC Seeking SIT Probe Into Court Lathicharge Violence Against Lawyers

The Ghaziabad Bar Association has moved the Allahabad High Court seeking an SIT investigation, under the direct supervision of the HC, into the recent lathi-charge violence against advocates in Ghaziabad Court. The Criminal Writ petition moved through Advocate Jawahir Yadav also prays for the issuance of a show cause notice to the District Magistrate by exercising powers under...

Allahabad HC Criticises UP Add'l Chief Secy For Seeking Exemption From Appearance To Attend Programme With CM

The Allahabad High Court recently took exception to an affidavit filed by the Additional Chief Secretary (Finance), UP Govt pleading for exemption from the court's presence on the ground that he was required to attend a Programme to be attended by the Chief Minister. “The proceedings of the Court are not supposed to be delayed because of the Programme fixed by any other...

'Eyewitnesses, First Informant Ganged Together To Implicate Accused': Allahabad HC Acquits Man In 1982 Murder Case

The Allahabad High Court recently acquitted a man who was convicted in 1982 murder caa, as it noted that two eye-witnesses and the first informant had ganged together to implicate the accused. A bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra also observed that the prosecution story contained many lapses, which made the case doubtful, and the case against...

'Arbitrary' Confiscation Of Vehicle A 'Serious' Encroachment On Fundamental Right To Trade U/Art 19(1)(g): Allahabad HC

The Allahabad High Court has observed that the 'arbitrary' confiscation of a vehicle that a person might be using for his trade, profession, or occupation is a serious encroachment on the fundamental right of a citizen guaranteed under Article 19(1)(g) of the Constitution of India. “The confiscation, by its very connotation, implies depriving a person of his property to which he...

Organized Racket Of Touts Has Emerged Around District Courts That Issue Fake Marriage Certificates: Allahabad HC

The Allahabad High Court recently raised concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. A bench of Justice Vinod Diwakar noted that an organised racket of touts and agents has emerged around the district courts in the name of religious trusts, in which qualified legal professionals...

S.14 HMA | Divorce Petition Within 1 Year Of Marriage Barred, Can Only Be Entertained In Case Of Exceptional Hardship: Allahabad High Court

The Allahabad High Court has held that Section 14 of the Hindu Marriage Act, 1955 bars presentation of a petition for divorce cannot be filed within a period of 1 year from the date of marriage and can only be entertained in case of exceptional hardship caused to the spouse.It was held that an application under Section 14 must be filed by the spouse seeking divorce within a year of marriage...

Allegations Of Adultery Against Wife To Be Decided Before Application For Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that allegations of adultery against wife must be decided before the application for maintenance under Section 125 CrPC.Revisionist-husband approached the High Court against the order of the Additional Principal Judge, Family Court, Firozabad awarding interim maintenance of Rs. 7000/- to the respondent-wife under Section 125 CrPC. It was argued that the...

Trial Court Judges Often Convict Innocent Accused To Save Their Career Prospects, Avoid Wrath Of Higher Courts: Allahabad HC

The Allahabad High Court recently observed that trial court judges often convict the accused in cases of heinous offences despite a clear case of acquittal due to their fear of higher courts.“…they are fearful of wrath of the higher courts in such cases, and only to save their personal reputation and carrier prospects, such judgment and order of conviction are passed,” a bench of...