Special POCSO Court Can Treat Application Filed U/S 156 (3) CrPC As A Complaint Case U/S 190 (1) (a) CrPC: Allahabad High Court

The Allahabad High Court recently observed that a Special POCSO Court can treat an application filed under Section 156 (3) CrPC as a complaint case under Section 190 (1) (a) CrPC. The bench of Justice Suresh Kumar Gupta observed thus: “Concludingly, I am of the view that the trial court has ample power to treat the application under Section 156 (3) CrPC as a complaint case,...

Mere Non-Recovery Of Weapon Can't Demolish Prosecution's Case: Allahabad HC Confirms Life Term Of Two In A 41 Year Old Murder Case

Observing that mere non-recovery of the weapon cannot demolish the case of the prosecution, the Allahabad High Court recently upheld the order of conviction and sentence of life imprisonment awarded by the trial court to two murder convicts in a 41-year-old case. The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav further observed that other accused involved in...

‘He Was Actively Involved In The Kanpur Bikru Massacre’: Allahabad HC Denies Bail To Man Accused Of Assisting Slain Gangster Vikas Dubey

The Allahabad High Court recently rejected the bail application filed by Jai Kant Bajpai alias Jai involved in the 2020 Kanpur Bikru Encounter, in which eight policemen were brutally murdered and seven other police personnel received grievous injuries at the hands of a gang of people led by slain gangster Vikas Dubey. The bench of Justice Mayank Kumar Jain observed that...

Allahabad HC Puts Interim Stay On Broadcast Of Al Jazeera's Documentary 'India: Who Lit The Fuse' In India In View Of Probable 'Evil Consequences'

The Allahabad High Court today restrained (for now) Al Jazeera Media Network Private Ltd. from telecasting/broadcasting/releasing the Film "India....Who lit the Fuse?" in India in view of ‘evil consequences’ that are likely to occur if the telecast/broadcast of the film is allowed to take place. The bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava also...

Allahabad High Court Quashes 'False' POCSO Case Against Man As Victim Says Her Mother Filed FIR To Extract Money From Him

The Allahabad High Court last week quashed a rape and POCSO case against an accused after the victim stated that he had not committed any sexual offence against her and her mother filed the false case just to extract five lakh rupees from the accused, who is now her husband. The bench of Justice Arun Kumar Singh Deshwal also noted that the victim was admittedly above 18 years of age...

'Refrain From Issuing Service Tax /GST Notices To Lawyers Rendering Legal Services': Allahabad HC Directs Lucknow GST Commissionerate

The Allahabad High Court has ordered the Commissioner, GST to issue clear direction to the GST Commissionerate in Lucknow that no notices regarding payment of service tax /GST are issued to the lawyers rendering legal service falling in the negative list so far as service tax is concerned. The bench of Justice Alok Mathur and Justice Jyotsna Sharma directed thus while hearing a writ...

Gangster Sanjeev 'Jeeva' Murder| Entry Of Accused In Court Premises In Lawyer's Uniform ‘Concerning’: Allahabad HC Refuses To Transfer Probe To CBI

The Allahabad High Court on Monday refused to transfer the probe into the daylight killing of 48-year-old alleged Gangster Sanjeev Maheshwari (alias Jeeva) inside the Lucknow Court premises on June 7, to the Central Bureau of Investigation (CBI). The bench of Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh said that only six days have elapsed since the lodging of the FIR...

Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court

The Allahabad High Court has ruled that the discretion given to Facilitation Council under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) in respect of selection of forum for arbitration between the parties, is absolute and has overriding effect over any other law. In exercise of the said discretion, the provisions of the Arbitration and...

Public Property Damage Case: 'Provide Copy Of Legible Documents U/s 207 CrPC To MP Randeep Surjewala': Allahabad HC To Trial Court

In an interim relief to Congress MP Randeep Singh Surjewala in the 23-year-old damage to public property case, the Allahabad High Court on Thursday directed the Trial Court in Varanasi to provide copies of all the legible documents including the charge sheet as per Section 207 CrPC to him within seven days.The bench of Justice Vikram D. Chauhan also directed the trial court to adjourn the...

‘S. 313 CrPC Not Empty Formality, Not Putting Incriminating Material To Accused Seeking Explanation Causes Prejudice To Him’: Allahabad HC

The Allahabad High Court recently set aside a murder conviction on the ground that though the trial court relied upon the dying declaration of the deceased to convict the accused, the same was not put to the accused in his statement recorded under Section 313 CrPC seeking his explanation. The bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam observed that the accused...

Muslim Father-In-Law Has No Locus To File Habeas Corpus Plea Seeking Presence/Custody Of Daughter-In-Law: Allahabad HC

The Allahabad High Court has observed that a Muslim father-in-law has no locus to file a habeas corpus plea seeking the presence/custody of his daughter-in-law. With this, the bench of Justice Shamim Ahmed disposed of a Habeas plea filed by one Mohd. Hasim seeking custody of his daughter-in-law alleging that she is in illegal custody of her parents since 2021 and that they are not...

Allahabad HC Denies Anticipatory Bail To Muslim Scholar Accused Of Issuing Fatwa To Kill Waseem Rizvi After He Embraced Hinduism

The Allahabad High Court on Monday rejected the anticipatory bail plea filed by a Muslim Scholar who has been accused of issuing a fatwa to kill former Shia Waqf Board chairman Jitendra Narayan Singh Tyagi Aka Waseem Rizvi after he converted to Hindu religion renouncing Islam.The bench of Justice Subhash Vidyarthi rejected the bail plea of Maulana Syed Mohammad Shabibul Husaini who allegedly...