'Fake' Cases On Rise: As Informant Turns Hostile, Allahabad HC Grants Bail In 'Dowry Death' Case Where SC Saw 'Prima Facie' Evidence

Highlighting the "stark reality of the society" in the matrimonial cases, the Allahabad High Court (Lucknow Bench) recently granted bail to an accused (Father-in-Law) in a dowry death case, observing that "fake cases of demand of dowry are on the rise". The relief was granted by Justice Pankaj Bhatia after the informant (brother of the deceased), who had previously approached the Supreme Court to cancel the accused's bail, turned hostile during the trial and 'resiled' from his ...

'Persistent Defiance': Allahabad High Court Mulls Contempt Action Against Judicial Officers For Imposing Excessive Bail Sureties

Taking strong exception to the "persistent and repeated defiance" of bail guidelines by subordinate courts, the Allahabad High Court recently warned that it may be compelled to initiate contempt proceedings against judicial officers who mechanically impose excessive sureties on accused persons when granting bail. On Thursday, a bench of Justice Vinod Diwakar observed that despite...

Malicious Intent Apparent: Allahabad High Court Refuses To Quash Case Over Alleged FB Post Against 'Nabi Paigambar'

The Allahabad High Court recently dismissed an application seeking to quash criminal proceedings initiated against a man accused of making a Facebook post against "Nabi Paigamber" (the Prophet) of the Muslim community. The Court observed that the words employed in the post were clearly made with a "deliberate and malicious intention" of outraging religious feelings. A bench of Justice Saurabh Srivastava also added that the inherent powers of the HC u/s 528 BNSS are to be exercised...

S. 125 CrPC | Earning Lady Able To Maintain Herself Not Entitled To Maintenance From Husband : Allahabad High Court

The Allahabad High Court recently observed that a wife is not entitled to maintenance under Section 125 CrPC if she is gainfully employed and earning a sufficient salary to maintain herself. A bench of Justice Madan Pal Singh thus set aside a Family Court order directing a husband to pay Rs. 5K as maintenance to his wife merely to "balance the income" and to equalise status between the parties, even though the wife was earning Rs. 36K per month. The Court also took exception to the...

Suspecting Custodial Death Of Man Missing Since 2018, Allahabad High Court Converts Habeas Plea To Criminal Writ; Slams DGP

Expressing deep concern regarding the disappearance of a man missing from police custody since 2018, the Allahabad High Court on Tuesday observed that the matter may effectively be a case of "custodial death, where the policemen have murdered the missing man." Unconvinced by the explanation offered by the Uttar Pradesh Director General of Police (DGP), a Division Bench of Justice JJ Munir and Justice Sanjiv Kumar directed that the matter (a habeas corpus plea) be registered as a...

Allahabad High Court Orders Status Quo On Demolition Of SP Leader's Bareilly Marriage Hall, Directs BDA To Decide Compounding Plea

In a relief for the Samajwadi Party leader who owns "Aiwane-e-Farhat" in Bareilly, a banquet hall, the Allahabad High Court on Wednesday restrained the Bareilly Development Authority (BDA) from carrying out any further demolition of the residential structure and marriage hall. A bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh directed the parties to maintain...

School TC Not A 'DOB Certificate' U/S 94 JJ Act; Habeas Plea Against 'Mechanical' CWC Order Maintainable: Allahabad High Court

The Allahabad High Court has held that a mere School Transfer Certificate (TC) or an entry in an admission register of the school does not satisfy the requirement of a "date of birth certificate from the school" under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A Bench of Justice Salil Kumar Rai and Justice Zafeer Ahmad observed thus while...

Allahabad High Court Issues Show Cause Notice For Contempt To SP, CWC Chairperson For 'Detaining' Woman Despite Stay On Arrest

The Allahabad High Court on Wednesday issued show cause notices for civil contempt to the Superintendent of Police (Mau), the Station House Officer (Maduban) and the Chairperson of the Child Welfare Committee (CWC), Mau, for taking a woman into custody despite a specific HC order staying her arrest. A bench of Justice JJ Munir and Justice Sanjiv Kumar observed that any kind of action...

Missing UP Cop Dead? : Allahabad High Court Converts Habeas Plea To Criminal Writ, Flags 'Suspicion' Over Dysfunctional CCTVs

In a grim turn of events surrounding the disappearance of a suspended Uttar Pradesh Police Officer, the Allahabad High Court on Wednesday observed that Aligarh Sub-Inspector Anuj Kumar "apparently has met with a gory fate". Noting that the matter involves 'serious' and 'grave' issues, the HC directed the conversion of his mother's habeas corpus petition into a Criminal Miscellaneous...

PC Act | Washing Of Hands & Sealing Of Bribe Must Be Done At Spot, Not Police Station: Allahabad High Court Orders DGP To Issue Directions

The Allahabad High Court recently observed that the sanctity of trap proceedings in corruption cases is compromised if the washing of hands of the accused and complainant and the sealing of the recovered bribe money are done at the police station instead of the spot where the trap was allegedly executed. Taking serious exception to the "casual manner" in which investigations under...

'Insult To Majesty Of Law' : Allahabad High Court Denies Relief To Husband Accused Of Filing 'Forged' Bank Statements In Maintenance Case

The Allahabad High Court recently dismissed a petition seeking to quash criminal proceedings against a man accused of filing forged allegedly to understate his financial capacity in the maintenance proceedings. The Court observed that filing a forged document is a 'direct assault' on the principle of maintaining the integrity of the judicial process and constitutes an "insult to...

'Seek Instructions From Police Stations Promptly': DG Prosecution Issues Pan-UP Directive To Prosecutors After High Court Order

In a move aimed at overhauling the coordination between the police and prosecution machinery across UP, the Director General (Prosecution) in Uttar Pradesh last month issued a strict circular directing all Prosecuting Officers to ensure that instructions from police stations reach trial courts without delay. The directive was issued following an intervention by the Allahabad High...