NOMINAL INDEX Guddu Verma vs. State of UP 2023 LiveLaw (AB) 165 Rani Gaur vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 166 Rajesh vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 167 Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw (AB) 168 M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. 2023...
NOMINAL INDEX
Guddu Verma vs. State of UP 2023 LiveLaw (AB) 165
Rani Gaur vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 166
Rajesh vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 167
Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw (AB) 168
M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. 2023 LiveLaw (AB) 169
Md Sameer Rao vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 170
Committee of Management Anjuman Intezamia Masajid Varanasi vs. Smt. Rakhi Singh and others 2023 LiveLaw (AB) 171
Ibran @ Sheru vs. State of U.P. 2023 LiveLaw (AB) 172
Asharam vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 173
Devendra Singh And 4 Others vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 174
Kundan Yadav vs. State of U.P 2023 LiveLaw (AB) 175
Dr. Shiv Sidharth @ Shiv Kumar Bharti vs. State Of U.P And Another 2023 LiveLaw (AB) 176
Mohammad Zaid vs. tate of U.P. and Another along with connected matters 2023 LiveLaw (AB) 177
Azaj Ahmad And Others vs. National Commission For Protection Of Child Rights (Ncpcr) Thru. Its Chairperson And Others 2023 LiveLaw (AB) 178
ORDERS/JUDGMENTS OF THE WEEK
Case title - Guddu Verma vs. State of UP [CRIMINAL APPEAL No. - 2207 of 2016]
Case Citation: 2023 LiveLaw (AB) 165
The Allahabad High Court has observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution.
The bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad observed thus while allowing the appeal filed by one Guddu Verma who was convicted by the trial court in 2016 for (allegedly) killing his wife in April 1998.
Case title - Rani Gaur vs. State Of U.P. And 4 Others [CRIMINAL REVISION No. - 2047 of 2023]
Case Citation: 2023 LiveLaw (AB) 166
The Allahabad High Court has observed that a Magistrate can drop proceedings against an accused under the Negotiable Instruments Act if he offers a fair and acceptable amount, which, in the opinion of the court is appropriate for duly compensating the complainant.
The bench of Justice Jyotsna Sharma observed thus while referring to the Supreme Court’s 2017 ruling in the case of M/s Meters and Instruments Private Limited and Another vs. Kanchan Mehta wherein the top Court had observed that an accused in a case under Section 138 of NI Act can be discharged even without the consent of the complainant if the Court is satisfied that the complainant has been duly compensated.
“The Supreme Court did not say that the requirement of consent for compounding may just be done away with. Instead, widening the compensatory aspect of cases filed under Section 138 of the Negotiable Instrument Act, the Apex Court has carved out a window in the existing scheme of things saying that the case can be disposed of without obtaining direct consent of the complainant under certain circumstances. The circumstances included offering an amount fair and acceptable which in the opinion of the court is appropriate for duly compensating the complainant. That is under certain circumstances the court can proceed in the absence of direct consent. The court is empowered to apply its discretion in terms of provisions of Section 258 CrPC,” the Court said.
Case title - Rajesh vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10336 of 2022]
Case Citation: 2023 LiveLaw (AB) 167
The Allahabad High Court observed that there has been an alarming and shocking increase in sexual offences committed against children.
Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus:
“…this is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls.”
Case title - Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal
Case citation: 2023 LiveLaw (AB) 168
The Allahabad High Court upheld the conviction and sentence of life imprisonment awarded by the trial court to a man, and his lover, who killed his wife after setting her ablaze in 2011 merely because she was a strong protester of their illicit relationship.
The bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad observed that such persons are not entitled to any leniency as they are a black spot in society.
“This version of P.W.-3 that the accused-appellants, namely, Jaikishan @ Bablu and Anita used to have illicit relations, which the deceased used to object and due to which the accused-appellant Jaikishan used to beat and torture the deceased and ultimately, in the night of the incident, both the accused-appellants killed her by pouring kerosene oil on her and setting her on fire, has been fully supported by the testimony of P.W.1 and P.W.-2 and the version as unfolded in the FIR, even though the P.W.-1 and P.W.-2 are hear say witnesses but they are consistent from the very beginning and till the recording of their statements before the trial court,” the Court concluded in its operative part of the Judgment.
Case Title: M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. [ARTICLE 227 No. - 6736 of 2021]
Case Citation: 2023 LiveLaw (AB) 169
The Allahabad High Court observed that a Commercial Court cannot reject an application filed where the judgement debtor resides for execution of an arbitral award, on the ground of lack of territorial jurisdiction.
“This Court finds that the law in regard to moving the execution application has already been settled by Apex Court in the case of Sundaram Finance Limited (supra) and provisions of Section 36 of the Act of 1996 is clear to the extent that provisions of Code of Civil Procedure, 1908 are applicable for enforcement of the award and the award shall be treated as decree. Once the said provisions are there, filing of execution case by the petitioner at the place where respondent No.2 resides is within the territorial jurisdiction as provided under the Act and the order passed by Commercial Court refusing to entertain execution application is totally erroneous,” the bench, comprising of Justice Rohit Ranjan Agarwal observed.
Case title - Md Sameer Rao vs. State Of U.P. And 2 Others [WRIT - C No. - 3671 of 2022]
Case Citation: 2023 LiveLaw (AB) 170
Stressing that the intimacy of human life and a person’s name is undeniable, the Allahabad High Court said that the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.
The bench of Justice Ajay Bhanot observed thus while allowing a writ petition filed by one Sameer Rao challenging the action of the UP Board of High School and Intermediate Education rejecting the application filed by the petitioner praying to get his name changed in the High School and Intermediate examination certificates.
Case title - Committee of Management Anjuman Intezamia Masajid Varanasi vs. Smt. Rakhi Singh and others [CIVIL REVISION No. - 101 of 2022]
Case Citation: 2023 LiveLaw (AB) 171
The Allahabad High Court today dismissed the revision plea moved by the Anjuman Intazamia Mosque Committee (which manages the Gyanvapi Mosque in Varanasi) challenging a Varanasi Court order (of September 12, 2022) dismissing its Order 7 Rule 11 CPC plea that was filed last year objecting to the maintainability of Hindu Worshippers' suit filed in Varanasi Court seeking worshipping rights inside the Gyanvapi Mosque compound.
In essence, the HC has rejected the mosque committee's challenge to the 5 Hindu women worshippers' suit pending before the Varanasi Court. Last year in December, the bench of Justice JJ Munir reserved its judgment after hearing counsels for both parties at length.
With this, the Court has upheld the September 12, 2022 order of the Varanasi Court holding the said suit to be maintainable.
Case title - Ibran @ Sheru vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18519 of 2023]
Case Citation: 2023 LiveLaw (AB) 172
The Allahabad High Court granted bail to an accused booked under the UP Prevention of Cow Slaughter Act by observing that the prosecution had not demonstrated with cogent evidence that the substance recovered was beef or beef products.
The bench of Justice Vikram D. Chauhan also said that merely possessing or carrying meat cannot amount to the sale or transport of beef or beef products as punishable under the Slaughter Act unless it is shown by cogent and sufficient evidence that the substance recovered is beef.
Case title - Asharam vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 57301 of 2022]
Case Citation: 2023 LiveLaw (AB) 173
Refusing to grant bail to a man accused of raping a 17-year-old girl, the Allahabad High Court said it would be unusual for a woman to come up with a false story of being a victim of sexual assault so as to implicate an innocent person.
The bench of Justice Sanjay Kumar Singh added that in our country, a woman, a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. Hence, until she is a victim of a sex crime, she would not blame anyone but the real culprit.
Case title - Devendra Singh And 4 Others vs. State Of U.P. And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 7901 of 2023]
Case Citation: 2023 LiveLaw (AB) 174
The Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back.
Calling it a mockery of the criminal jurisprudence, the Bench of Justice Rahul Chaturvedi and Justice Gajendra Kumar protected the 5 accused and also gave them the liberty to apply for anticipatory bail in the matter.
Case title - Kundan Yadav vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 23297 of 2023]
Case Citation: 2023 LiveLaw (AB) 175
The Allahabad High Court has observed that mere possession of live cow/bullock or merely transporting cow within Uttar Pradesh would not amount to committing, abetting or attempting to commit an offence under the UP Prevention of Cow Slaughter Act 1955.
The bench of Justice Vikram D. Chauhan observed thus while granting bail to bail to one Kundan Yadav who was arrested in March this year in connection with the alleged recovery of 6 cows from a vehicle. He was booked under Sections 3/5A/5B/8 of the U.P. Prevention Cow Slaughter Act, 1964 and Section 11 Prevention to Animal Cruelty Act, 1960.
Case Title - Dr. Shiv Sidharth @ Shiv Kumar Bharti vs. State Of U.P And Another [APPLICATION U/S 482 No. - 6090 of 2023]
Case Citation: 2023 LiveLaw (AB) 176
The Allahabad High Court said that the right to freedom of expression comes with its own set of special responsibilities and duties and that it does not confer upon the citizens the right to speak without responsibility nor does it grant an unfettered licence for every possible use of language.
The Bench of Justice Manju Rani Chauhan observed thus while refusing to quash a Chargesheet filed against one Dr Shiv Sidharth under Sections 295A IPC and Section 67 of I.T. Act, 2008 accusing him of posting an objectionable message on WhatsApp containing abusive remarks on Goddess Durga which hurt the sentiments of the Hindus.
Case Title - Mohammad Zaid vs. tate of U.P. and Another along with connected matters 2023 LiveLaw (AB) 176
Case Citation: 2023 LiveLaw (AB) 177
The Allahabad High Court (Division Bench) recently held that a child in conflict with the law has an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 CrPC like any other citizen but with the restrictions imposed in the said provision itself.
While answering a reference made by a single judge, the bench of Chief Justice Pritinker Diwaker and Justice Samit Gopal further held thus:
- Section 1(4) of the Act, 2015 does not exclude the application of Section 438 Cr.P.C. to a child in conflict with the law after the F.I.R. is registered against him as there is no provision contrary in the Act 2015 to the Cr.P.C. to make it inapplicable.
- A juvenile or a child in conflict with law can be arrested and/or apprehended if such a need arises, but he cannot be left remedy-less till the time of his arrest and/or apprehension. He can explore the remedy of anticipatory bail under Section 438 Cr.P.C. if a need arises. The remedy of bail under Section 12 of the Act 2015 can be invoked by a juvenile or a child in conflict with law at the appropriate stage.
- An inquiry is required to be conducted by the concerned Board for declaring a person as a juvenile and then extending the benefit of the beneficial legislation to him.
- The required enquiry under Section 14 and preliminary assessment into heinous offence under Section 15 of the Act 2015 where required can be done while the child in conflict with law is on anticipatory bail.
Case title - Azaj Ahmad And Others vs. National Commission For Protection Of Child Rights (Ncpcr) Thru. Its Chairperson And Others [SPECIAL APPEAL DEFECTIVE No. - 354 of 2023]
Case Citation: 2023 LiveLaw (AB) 178
The Allahabad High Court directed the Registry to register a Public Interest Litigation (PIL) as a separate case on the issue of government funding of religious education in institutions like madrasas and place the matter before the Chief Justice for appropriate direction or before the appropriate PIL Bench.
The following issue has been referred to the CJ/PIL Bench:
"Whether funding by State Exchequer of institutions imparting religious instructions is violative of Articles 14, 25, 26, 29 and 30 of the Constitution of India?"
OTHER UPDATES
The Allahabad High Court granted interim anticipatory bail, on medical grounds, to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the ₹500 crore state scholarship scam.
While granting him interim relief, the bench of Justice Subhash Vidyarthi took into account the fact that Jafri is suffering from various ailments and is unable to have proper treatment due to the apprehension of arrest by the Enforcement Directorate (ED).
Months after reserving its orders in a bunch of pleas concerning the Gyanvapi Mosque-Kashi Vishwanath Temple issue, the Allahabad High Court last week sought certain clarifications in the matter from the parties before it.
Having heard the parties for some time on May 26, the Bench of Justice Prakash Padia has posted the matter for further hearing on July 14. The pleas before the Court include a challenge to the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the Gyanvapi mosque exists.
Case title - Gobind Rai @ Monu vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
The Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali in three weeks.
The bench of Justice Brij Raj Singh ordered thus while dealing with the bail application of an accused who allegedly refused to marry the victim, after establishing sexual relations, on the ground that the Girl has Mangal Dosha in her Kundali.