Habeas Corpus Plea Not Maintainable Against Arrest & Remand Order Once Cognizance Taken; Accused Must Seek Regular Bail: Allahabad HC

In a significant verdict passed last week, the Allahabad High Court has held that once a competent Court takes cognizance on the charge sheet, an accused cannot maintain a habeas corpus petition challenging the legality of his arrest or the initial remand order passed under Section 167(2) CrPC/187(2) BNSS. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi reasoned that...

Conviction Can't Be Based On Evidence Recorded Prior To Summoning Accused U/S 319 CrPC: Allahabad High Court

The Allahabad High Court recently held that evidence recorded in the absence of an accused person, which is relied upon to summon him under Section 319 CrPC, cannot later form the basis of his conviction.A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed thus while acquitting a murder accused in connection with a 2008 case.The trial court had convicted the...

Lok Adalats Can't Grant Divorce; Have No Adjudicatory Jurisdiction: Allahabad HC Slams DLSA For Usurping Family Court Powers

In a significant order, the Allahabad High Court recently observed that a Lok Adalat or District Legal Services Authority (DLSA) has no legal competence or jurisdiction to grant a decree of divorce, as this power lies exclusively within the jurisdiction of regular civil and family courts. In its 11-page order, a bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary...

Allahabad HC Directs UP Govt To Pay ₹5 Lakh Compensation To Man Arrested & Detained 'Illegally' Despite Stay Order

The Allahabad High Court on Friday directed the Uttar Pradesh Government to pay Rs. 5 lakh as compensation to a man who was arrested and kept in 'illegal detention' by UP Police despite the HC's interim order staying his arrest.A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi also directed that disciplinary proceedings be initiated against the concerned SHO for "dereliction in the...

Pendency Of Civil Dispute No Ground To Discharge Accused If Allegations Disclose Criminal Offence: Allahabad High Court

The Allahabad High Court has reiterated that criminal prosecution can be carried out even during pendency of civil dispute between parties if allegations make out punishable offence under criminal law. Justice Subhash Vidyarthi relied on Indian Oil Corpn. v. NEPC India Ltd. where the Supreme Court had held,“A given set of facts may make out: (a) purely a civil wrong; or (b) purely a...

Prayagraj ADM Clears Muslim Man's 'Voluntary' Conversion To Hinduism After Allahabad High Court Rap

Following a strong reprimand from the Allahabad High Court earlier this month, the Additional District Magistrate (Administration), Prayagraj, formally cleared/allowed the religious conversion application of a Muslim man who voluntarily embraced Sanatan Dharma/Hinduism in 2022. Taking note of the order passed on May 14 by the concerned officer, a division bench of Justice Ajit Kumar...

Juvenile Conviction No Bar To Issuance Of Passport: Allahabad High Court Invokes 'Right To Be Forgotten' & 'Fresh Start'

The Allahabad High Court recently observed that a conviction recorded against a person while he was a juvenile cannot be treated as a legal impediment to the issuance of a passport, by operation of law under Section 19 of the Juvenile Justice Act, 2000. A Bench of Justice Ajit Kumar and Justice Indrajeet Shukla stressed that the 'right to be forgotten' pertaining to a juvenile by removing...

'Instigating Youth To Wage War': PIL In Allahabad HC Seeks NIA-ED Probe Against Abhijit Dipke, Blocking Of 'Cockroach Janta Party'

A Criminal Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court (Lucknow Bench) seeking a multi-agency Probe by the National Investigation Agency and the Enforcement Directorate against Abhijit Dipke, the founder of the 'Cockroach Janata Party'.The PIL plea has been moved by Karnataka BJP worker S. Vignesh Shishir. He has recently been in the news for...

Noida Protest | Allahabad HC Seeks State's Response On Habeas Corpus Plea Of Journalist Arrested For 'Inciting' Workers

The Allahabad High Court today sought a response from the Uttar Pradesh Government in a Habeas Corpus petition filed by Journalist Satyam Verma, who was arrested last month on the allegations of instigating workers to carry out violence during the Noida labourers' protest.A Bench of Justice Salil Kumar Rai and Justice Devendra Singh-I, after hearing Senior Advocate SFA. Naqvi, along...

Within Four Walls, No Disturbance Of Public Peace: Why Allahabad HC Quashed NSA Detention Over Alleged Cow Slaughter

The Allahabad High Court on Tuesday quashed a detention order passed under the National Security Act, 1980, against two men accused of cow slaughter, noting that the alleged act took place within the four boundaries of a house and not in a public place. A bench of Justice Rajeev Misra and Justice Dr Ajay Kumar-II thus allowed two habeas corpus writ petitions filed by Isham alias Isam...

Bail Is The Rule: Allahabad HC Grants Relief To Accused Who Spent About A Year In Jail For 'Insulting' National Flag

The Allahabad High Court last week allowed the second bail plea of a man accused of uploading an image insulting the Indian National Flag by making a dog sit upon it, along with posting allegedly 'pro-Pakistan' content on his Facebook account. A bench of Justice Rajiv Lochan Shukla granted relief to the accused, Vasik Tyagi, while relying on the Supreme Court's recent judgment in...

MHA Reconsidering Z+ Security Plea Of BJP Worker Pursuing Cases Against Rahul Gandhi, Decision Soon: UOI Tells Allahabad HC

The Union of India today informed the Allahabad High Court that the Ministry of Home Affairs (MHA) is “reconsidering and examining afresh” the plea for 'Z+' category security cover filed by S. Vignesh Shishir, a BJP member who has filed multiple petitions in the HC against the Leader of the Opposition in the Lok Sabha, Rahul Gandhi. Taking note of the Central Government's...