How Should Courts Try Proclaimed Offenders? Allahabad High Court Explains 'Trial In Absentia' Procedure U/S 356 BNSS

In a significant judgment, the Allahabad High Court recently detailed an exhaustive step-by-step procedure for conducting criminal trials in the absence of a proclaimed offender as per Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A bench of Justice Praveen Kumar Giri termed the provision as a 'landmark' one for introducing the concept of 'Trial in Absentia' into...

Allahabad HC Grants Anticipatory Bail To Schoolgirl Accused Of Forcing Minor Student To Wear Burka, Convert Religion

The Allahabad High Court on Monday granted anticipatory bail to a School Student, who, along with 4 others, has been accused of brainwashing a minor student, forcing her to wear a 'Burka' and compelling her to convert to Islam.A bench of Justice Avnish Saxena granted relief to the accused, a major, observing that apart from the victim's statement, there was nothing on record to establish...

No Intra-Court Appeal Against Contempt Court's Refusal To Initiate Proceedings: Allahabad High Court

The Allahabad High Court has reiterated that an intra-court appeal (special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952) is not maintainable against an order of the contempt court unless it is shown that the contempt court has overstepped its jurisdiction by deciding the rights of the parties or adjudicating on merits of the case.The Court held that dismissal...

Allahabad High Court Allows Withdrawal Of 2012 Riot Case Against Sitting BJP MLA RC Yadav

The Allahabad High Court recently set aside a trial court order that rejected the State Government's application to withdraw criminal prosecution against BJP MLA (from Rudauli) Ram Chander Yadav in connection with the 2012 Idol Immersion Riot Case.Allowing the State's plea for withdrawal from prosecution, a bench of Justice Rajeev Singh categorically observed that the Public...

Allahabad High Court Grants Bail to Accused Who Spent About 7 Months In Jail Over 'I Love Mohammed' Post

The Allahabad High Court recently granted bail to a man booked for allegedly posting on his Instagram handle that he could get his head severed and could sever heads for 'I Love Mohammed'.A bench of Justice Rajiv Lochan Shukla observed that the 'supposed objectionable' post made by the applicant does not name any particular caste or community.Accused-Nadeem, a resident of Muzaffar Nagar...

Mathura Stampedes | Allahabad HC Slams Authorities Over Lack Of Policy On Crowd Management & Unauthorized Constructions

The Allahabad High Court today came down heavily on the Mathura Vrindavan Development Authority (MVDA) and the District Magistrate as it expressed severe displeasure over the affidavits filed by them regarding crowd management and unauthorized constructions in the city. A bench of Justice Vinod Diwakar pulled up the MVDA over failure to specifically answer the Court's query about...

Swami Avimukteshwaranand POCSO Case Informant Ashutosh Maharaj Moves Allahabad HC To Quash 2013 UP Police History-Sheet

Ashutosh Brahmachari Maharaj, the first informant in the POCSO FIR against Swami Avimukteshwaranand, has approached the Allahabad High Court to challenge the UP Police's history sheet, opened in 2013.Appearing in person before the Court, Ashutosh Maharaj, who claims to be the President of Sri Krishna Janmbhumi Mukti Nirman Trust (Registered), Mathura, also sought deletion of his name from...

Constitutional Functionaries Like MPs, Judges, Ministers Entitled To 'Hon'ble' Honorific, Civil Servants Are Not: Allahabad HC

The Allahabad High Court recently observed that constitutional functionaries who exercise sovereign functions must be addressed as 'Hon'ble' in every communication pertaining to them. A bench of Justice JJ Munir and Justice Tarun Saxena clarified that personal disgruntlement or familiarity with a family can't permit the author of any communication to refer to a sovereign...

Mathura Stampedes | Allahabad High Court Seeks Details Of Comprehensive Crowd & Crisis Management Plan

Taking note of recent incidents of stampede-like crowd crush in Mathura during auspicious occasions, resulting in injuries and casualties, the Allahabad High Court has asked the district authorities whether a comprehensive plan for crowd and crisis management exists for the city. A bench of Justice Vinod Diwakar has also sought details of the strategies and management principles in place...

Allahabad HC Sets Aside Divorce Granted Under Non-Existent Law; Pulls Up Family Court For 'Casual' Approach

The Allahabad High Court recently set aside a divorce decree granted by a Family Court in Banda, noting that the judgment relied upon a statute ['Muslim Women Marriage Dissolution Act, 1986'] that does not actually exist. A bench of Justice Atul Sreedharan and Justice Vivek Saran also took exception to the concerned Judicial Officer, who holds the rank of a Senior District Judge,...

Allahabad HC Orders UP Govt To Pay ₹2 Lakh For Seizure & Hasty Auction Of Vehicle Over Unproven Cattle Smuggling Claim

The Allahabad High Court last week directed the Uttar Pradesh Government to pay at least Rs. 2 Lakh as compensation to a man whose vehicle was arbitrarily confiscated and subsequently hastily auctioned by state authorities in connection with a case under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. Quashing the confiscation orders, the Court directed the State Government...

Introduction Or Expansion Of Religious Practices Which Disrupt Social Balance Not Protected U/Art 25, 26: Allahabad HC

The Allahabad High Court has observed that the introduction or expansion of a religious use or practice not previously prevalent, particularly where it disturbs the existing social balance, is not protected under Articles 25 and 26. The bench added that the State is not required to wait for an actual disruption and may take reasonable preventive measures where such activity is likely to...