Allahabad High Court Weekly Round-Up: January 26 To February 01, 2026

Update: 2026-02-01 13:42 GMT
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Avanish Chandra Srivastava vs. State of U.P. and Another 2026 LiveLaw (AB) 42 Abhinav Gaur vs. Union of India and 3 others 2026 LiveLaw (AB) 43Khalsa Medical Store Thru. Prop. Yashwant Singh vs Reserve Bank Of India Thru. Governor And 3 Others 2026 LiveLaw (AB) 44Rajesh Kukreja vs. State of U.P. and Anr 2026 LiveLaw (AB) 45Jyoti Kamal and others vs. State of U.P. Thru. Prin. Secy. Home....

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Avanish Chandra Srivastava vs. State of U.P. and Another 2026 LiveLaw (AB) 42

 Abhinav Gaur vs. Union of India and 3 others 2026 LiveLaw (AB) 43

Khalsa Medical Store Thru. Prop. Yashwant Singh vs Reserve Bank Of India Thru. Governor And 3 Others 2026 LiveLaw (AB) 44

Rajesh Kukreja vs. State of U.P. and Anr 2026 LiveLaw (AB) 45

Jyoti Kamal and others vs. State of U.P. Thru. Prin. Secy. Home. and another 2026 LiveLaw (AB) 46

Madhukar Sharma vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And Another along with a connected matter 2026 LiveLaw (AB) 47

Raju Alias Rajkumar vs. State of U.P 2026 LiveLaw (AB) 48

ORDERS/JUDGMENTS OF THE WEEK

Don't Defer Framing Charges Unless Order Rejecting Discharge Plea Is Stayed: Allahabad High Court Directs UP Courts

Case title - Avanish Chandra Srivastava vs. State of U.P. and Another 2026 LiveLaw (AB) 42

Case citation: 2026 LiveLaw (AB) 42

The Allahabad High Court has directed the trial courts across the state of Uttar Pradesh that the framing of charges must not be deferred merely because an accused has filed a revision petition or appeal against the order rejecting his discharge application.

A bench of Justice Chawan Prakash observed that the trial courts are under a "statutory duty" to frame charges if a plea seeking discharge is rejected, unless a superior court has specifically stayed that order.

Allahabad High Court Rejects PIL Questioning Lowering Of NEET-PG 2025-26 Cut-Offs

Case title - Abhinav Gaur vs. Union of India and 3 others 2026 LiveLaw (AB) 43

Case citation: 2026 LiveLaw (AB) 43

The Allahabad High Court today rejected a Public Interest Litigation (PIL) plea challenging the decision of the National Board of Examinations in Medical Sciences (NBEMS) to reduce the qualifying cut-off percentiles for NEET-PG 2025-26 to zero percentile and a score of minus 40 for certain categories.

A bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra rejected the PIL plea noting that the Delhi HC has already dismissed a similar plea and a petition on this subject matter is also pending before the Supreme Court. A detailed order is awaited.

Cyber Crime Cases | 'No Blanket Bank A/C Freezing; Inform Magistrate Within 24 Hours': Allahabad HC Issues Strict 5-Point Protocol For Cops

Case title - Khalsa Medical Store Thru. Prop. Yashwant Singh vs Reserve Bank Of India Thru. Governor And 3 Others

Case citation: 2026 LiveLaw (AB) 44

The Allahabad High Court has held that a blanket notice by the police to the bank to freeze a particular account, without indicating the amount (on which lien is being sought) would be illegal and arbitrary.

A bench of Justice Shekhar B Saraf and Justice Manjive Shukla added that investigating Officer is required to intimate the jurisdictional Magistrate about the same within 24 hours.

The Court has also provided that the concerned IO must also inform the banks of the case number that has been registered on basis of which said lien/freezing is sought.

S.138 NI Act | Only Payee Or Holder In Due Course Can File Complaint; 3rd Party Lacks Locus Even If Transaction Affects Him: Allahabad HC

Case title - Rajesh Kukreja vs. State of U.P. and Anr 2026 LiveLaw (AB) 45

Citation : 2026 LiveLaw (AB) 45

The Allahabad High Court clarified that a complaint under Section 138 of the Negotiable Instruments Act, 1881, is not maintainable by a third party even if the transaction affects him and that the same must be filed either by the payee or the holder in due course of the cheque.

The bench of Justice Samit Gopal added that an authorised representative of the payee or holder of the cheque can initiate proceedings, being the power of attorney holder or the authorised signatory of the company, but the complaint is still to be in the name of the payee or holder of the cheque.

Allahabad High Court Refuses Relief To 'News18' Journalists Over Alleged Telecast Claiming UP STF IG Released Criminal For Money

Case title - Jyoti Kamal and others vs. State of U.P. Thru. Prin. Secy. Home. and another 2026 LiveLaw (AB) 46

Citation : 2026 LiveLaw (AB) 46

The Allahabad High Court (Lucknow Bench) dismissed an application filed by the Executive Editor and other journalists of News18 Channel challenging a summoning order issued against them in a criminal defamation case filed by senior IPS officer Amitabh Yash.

Yash, who is currently serving as Additional Director General (ADG), STF and Law & Order, Uttar Pradesh, had filed a criminal defamation complaint against 3 journalists over a 2017 news broadcast which alleged he had accepted bribes to release a Punjab-based criminal.

'Chop Off The Deadwood': High Court Quashes 1991 Vidhan Sabha Ruckus Case; Urges UP Govt To Frame Policy For Stale Litigations

Case title - Madhukar Sharma vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And Another along with a connected matter 2026 LiveLaw (AB) 47

Citation : 2026 LiveLaw (AB) 47

Observing that the judiciary is 'starved' of the resources to meet the growing explosion of litigation, the Allahabad High Court (Lucknow Bench) on Wednesday quashed criminal proceedings pending for over 34 years related to an alleged ruckus at the Uttar Pradesh Vidhan Sabha.

The Court termed such stale trials a 'futile' exercise and called upon the State Government to "chop off the deadwood" of stale/futile litigations pending in various Courts across the state.

UP Cops Resort To 'Half Encounters' To Get Fame, Appreciation: High Court Warns SP/SSPs Of Contempt If SC's Guidelines Violated

Case title - Raju Alias Rajkumar vs. State of U.P 2026 LiveLaw (AB) 48

Case citation : 2026 LiveLaw (AB) 48

In a significant order, the Allahabad High Court issued strict 6-point guidelines to be followed by the police officials in the cases of grievous injury to an accused in a police encounter.

A bench of Justice Arun Kumar Deshwal also clarified that the District Police Chiefs, including Superintendents of Police (SP), Senior Superintendents of Police (SSP) and Commissioners, would be personally liable for Contempt of Court action if the Supreme Court's guidelines in the case of PUCL vs State Of Maharashtra regarding encounters are not strictly followed within their jurisdiction.

OTHER UPDATES OF THE WEEK

Mahakumbh Stampede | Allahabad High Court Sets 30-Day Deadline To Decide Compensation To Victim's Kin; Warns Of 'Serious' View

The Allahabad High Court refused to further delay the compensation claim of a Kumbh Mela stampede victim pending the final report of the State's Inquiry Commission.

In a stern order, the HC ordered the Mela Authority and the Commission to finalise the field by the husband of the deceased, who had succumbed to the injuries during the stampede, within 30 days.

Sambhal Violence : Days After FIR Ordered Against Cops, High Court Grants Interim Anticipatory Bail To Man Who Alleged Police Shot Him

The Allahabad High Court granted interim anticipatory bail to Mohd Alam, a youth, on whose father's plea a CJM Court in Sambhal had recently ordered the registration of an FIR against certain police officials for allegedly firing upon him during the November 2024 violence.

Though the applicant's father had argued before the CJM Court that his son was a victim of unprovoked police firing, the State government argued in the HC that Alam did not receive any gunshot injury from the fire by the police personnel.

Jhansi Medical College Fire | Enquiry Pending For Over 1 Year: High Court Stays Suspension Of Ex-Chief Medical Superintendent

The Allahabad High Court (Lucknow Bench) stayed the operation of the suspension order passed against Dr Sunita Rathaur, the former Chief Medical Superintendent (CMS) of Maharani Laxmibai Medical College, Jhansi.

The interim relief comes more than a year after her suspension order was issued following the unfortunate fire at the college's Neonatal Intensive Care Unit (NICU) that claimed the lives of 10 children. Of the 39 rescued, 8 others had died later due to illness.


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