Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

Recently, the Allahabad High Court published an administrative order changing the rules for listing cases arising out of the same FIRs/ case crime numbers. The changes were made in accordance with the Supreme Court's ruling in the case of Shekhar Prasad Mahto @Shekhar Kushwaha vs. The Registrar General Jharkhand High Court & Anr. 2025 LiveLaw (SC) 188 More about the Apex Court's judgment here : Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies By order dated 25.02.2025, the Chief Justice of the Allahabad High Court has directed that Bail Applications/Anticipatory Bail Applications/Criminal Appeal U/s 14(A)(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, including the subsequent Bail Applications which are not Tied-Up cases as the Judge who decided the earlier Bail Application of the same accused is not available on account of superannuation or permanent transfer, arising out of the same FIR/ case crime number shall be listed in the following manner: “If none of the Hon'ble Judge(s) who decided the earlier matters arising out of same F.I.R./case crime number is available on account of superannuation, transfer or otherwise, then such matters shall be listed before Appropriate Bench as per roster. If the Hon'ble Judge who, at the earliest, decided on merit (i.e. not as dismissed in default/ dismissed as not pressed/ dismissed as withdrawn) any of the earlier matters arising out of same F.I.R./case crime number is sitting in the same jurisdiction as the said matters, the said matters shall be listed before that Hon'ble Judge. But if such Hon'ble Judge is sitting in the Division Bench or taking up different jurisdiction, then such matters shall be listed before the Hon'ble Judge who next decided any of the earlier matters and is sitting in the same jurisdiction as the said matters, and so on. If none of the Hon'ble Judge(s) who decided the earlier matters is sitting in the same jurisdiction as the said matters, the said matters shall be listed before the Appropriate Bench as per roster. On account of subsequent change of roster, the said matters shall be listed by re- applying the above principles as per the changed roster.” It may be noted that on July 11, 2024, in view of the order passed by the Supreme Court in the cases of Pradhani Jani v. The State of Odisha 2023 LiveLaw (SC) 455, Sajid Vs State of UP, Kusha Duruka v. State Of Odisha 2024 LiveLaw (SC) 47 and Rajpal Vs. State of Rajasthan 2023 LiveLaw (SC) 1066, the Chief Justice of the Allahabad High Court had issued an administrative order directing that all Bail Applications/Anticipatory Bail Applications arising out of the same F.I.R./case crime number shall be listed before the Judge, who, at the earliest, decided on merit (i.e. not as dismissed in default/ dismissed as not pressed/ dismissed as withdrawn) any of the earlier Bail Appilcations/Anticipatory Bail Applications arising out of same F.I.R./case crime number. If the Judge was not available due to retirement, transfer or otherwise, the case would be listed before the Judge who next decided any of such Bail Application/Anticipatory Bail Application, and so on. It further provided that only upon non-availability of any such Judge, would the matter be listed before a Judge as per roaster. With modification on August 12, 2024, Criminal Appeal U/s 14(A)(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 arising out of the same F.I.R./case crime number were added to the aforesaid list. Further modifications were made on September 23, 2024, wherein it was provided that if the Bail Applications/Anticipatory Bail Applications/ Criminal Appeal U/s 14(A)(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, are released by the Judge before whom it is placed, the matter must be placed before the Judge who next decided such case. All the previous administrative orders have now been withdrawn by the order dated February 25, 2025.

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

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