'Only Prima Facie Case Is Seen At Charge-Framing Stage': Allahabad HC Refuses Relief To Book Editor Accused Of Insulting Quran

The Allahabad High Court last week dismissed a criminal revision petition filed by a book editor seeking discharge in a case of allegedly publishing insulting words against Islam and the Quran. Observing that, at the stage of framing charges, only a prima facie case is to be seen, a bench of Justice Subhash Chandra Sharma upheld a trial court order refusing to discharge Revisionist-Dr....

Common Intention | S. 34 IPC Not Attracted Sans Proving Prior Concert: Allahabad High Court Acquits Man In 1985 Murder Case

The Allahabad High Court has observed that to convict someone for an offence with the aid of Section 34 IPC, it must be established that the accused person had a prior concert with one or more persons for the commission of the crime. With this, a bench of Justice Siddharth and Justice Vinai Kumar Dwivedi set aside a 1989 judgment that convicted a man (appellant no. 2) for murder with the...

Fracture Of Hyoid Bone Not Mandatory To Prove Strangulation: Allahabad High Court Denies Bail To Husband

The Allahabad High Court has observed that it is not necessary in the case of strangulation that there should be a fracture in the hyoid bone, and there may be cases of strangulation without a fracture in the hyoid bone, which is a small U-shaped floating bone in the neck. A bench of Justice Arun Kumar Singh Deshwal further ruled that delay in recording the statement of witnesses is...

Dispossession Proceedings Under BNSS Impermissible When Party Is In Actual Possession: Allahabad High Court

The Allahabad High Court has held that proceedings for dispossession under Section 164/165 BNSS cannot be initiated if party in actual possession of property. Justice Brij Raj Singh held “The State Authority has to protect the parties but if actual possession is there with answering-opposite party nos.2 and 3, they cannot be dispossessed by proceeding under Sections 164/165 BNSS except...

Habeas Corpus Plea Seeking Custody Not Barred By Guardians & Wards Act, Writ Can Be Invoked In Child's Best Interest: Allahabad High Court

The Allahabad High Court quashed a single judge's order which had rejected a mother's habeas corpus petition seeking custody of her child from the father, observing that her plea could not have been dismissed on the ground that there was remedy available under Guardians and Wards Act. In doing so the court said that the writ court can invoke its extra-ordinary jurisdiction if it is in the...

S. 482 CrPC | Successive Quashing Petitions Not Maintainable On Grounds Available Earlier But Abandoned: Allahabad High Court

The Allahabad High Court today dismissed a 'third' quashing petition filed by an accused relating to the same criminal proceedings, raising a ground that was available earlier but not taken up.A bench of Justice Samit Gopal effectively ruled that successive quashing petitions u/s 482 CrPC seeking to quash criminal proceedings on grounds that were previously available are...

Allahabad High Court Upholds Retrospective Application Of Payment Of Bonus Amendment Act, 2015

The Allahabad High Court has upheld the validity of retrospective applicability of Payment of Bonus (Amendment) Act, 2015 on grounds that no new rights of the employees were being created by the amendment and it was not impairing any existing rights of the employers. The Amendment Act raises the eligibility of 'employee' under the Act from those who earned maximum of Rs. 10,000/- per month...

Allahabad High Court Upholds 1999 Quadruple Murder Conviction Based On Minor Sons' Testimony Against Mother, Her 'Lover'

The Allahabad High Court on Tuesday upheld the conviction and life imprisonment sentence awarded to a man who had committed a brutal quadruple murder in 1999 along with her alleged lover (co-accused, now deceased). A bench of Justice Rajnish Kumar and Justice Zafeer Ahmad relied heavily on the 'natural' and 'consistent' testimony of 2 minor children who witnessed the crime and...

Citizenship Row | Won't Go Into Correctness Of Allegations Or Examine MHA Record: Allahabad HC On Plea For FIR Against Rahul Gandhi

The Allahabad High Court on Monday declined to examine the official records of the 2019 notice issued by the Ministry of Home Affairs to the Leader of the Opposition in the Lok Sabha, Rahul Gandhi. Hearing a petition filed by Karnataka BJP member S. Vignesh Shishir challenging a Lucknow Court's order refusing to direct the registration of an FIR against Gandhi over his alleged...

No 'Mens Rea'; Merely Filing 'False' Cases Against Husband Not Abetment Of Suicide: Allahabad HC Grants Relief To Wife

The Allahabad High Court has observed that a wife and her relatives cannot be held liable for abetting her husband's suicide merely because they filed cases against him over a matrimonial dispute. The Court said that the mere act of lodging cases alone, even if they are alleged to be false, does not establish the requisite mens rea (guilty intention) needed to constitute the...

Allahabad High Court Registers Suo Motu PIL To Formulate Comprehensive Medical Insurance Scheme For UP Lawyers

In a significant move, the Allahabad High Court last week directed the registration of a suo motu Public Interest Litigation to explore the framing of a comprehensive insurance scheme for practising lawyers across the State of Uttar Pradesh. This comes after the Court noted multiple instances of advocates facing severe monetary difficulty while undergoing medical treatment for...

'Serious Lapse In Investigation': Allahabad High Court Acquits Man Who Spent 11 Years In Jail In Minor's Rape Case

The Allahabad High Court (Lucknow Bench) recently acquitted a man who spent 11 years in jail in connection with a 14 year old girls' rape case dating back to 2010. The bench observed that the police had committed a "serious lapse" by failing to match the human semen found on the victim to the accused. A bench of Justice Rajan Roy and Justice Brij Raj Singh set aside the 2018 trial...