All High Courts Weekly Round-Up [June 13 - June 19, 2022]

Allahabad High Court NOMINAL INDEX Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others Mokhtar Ansari v. State of U.P Prabhakar Pandey Vs. State Of U.P. And Others Anoop Kumar Singh And Another Vs. State Of U P And 2 Others Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others Vivek Yadav Alias Surya Prakash Yadav v. State of U.P. Harit Kisan Kalyan Samiti Vs. New Okhla Industrial Development Authority And 2 Others ORDERS/JUDGMENTS OF THE WEEK Allahabad HC Refuses To Quash FIR Against Alt News' Mohd. Zubair Over His Tweet Allegedly Calling 3 Hindu Seers 'Hate Mongers' Case title - Mohammed Zubair v. State Of U.P. Thru. Prin. Secy./Addl Chief Secy. (Home), Lko. And Others Citation: 2022 LiveLaw (AB) 291 The High Court dismissed a petition moved by the Co-Founder of Alt News, Mohammed Zubair challenging an FIR registered against him earlier this month for a tweet in which he allegedly called 3 Hindu seers- Yati Narasinghanand Saraswati, Bajrang Muni and Anand Swaroop as 'Hate mongers' It may be noted that Zubair was booked by the Uttar Pradesh Police earlier this month under sections 295-A of the Indian Penal Code and section 67 of the Information Technology Act, 2000. "He Is A Dreaded Criminal, A Canker In Society" Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In Funds Misappropriation Case Case title - Mokhtar Ansari v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 46494 of 2021] Citation: 2022 LiveLaw (AB) 292 While denying bail to former MLA Mukhtar Ansari (presently in jail) in connection with a case over misappropriation of MLA Funds fund in the year 2012-13, the High Court called him a dreaded and 'White Collored' criminal, an interstate mafia and canker in society The Bench of Justice Rahul Chaturvedi also observed that Ansari is a hardened and habitual offender, who is in the sphere of crime since 1986 but surprisingly, he has managed not a single conviction against him. Sessions Court Can't Quash Cognizance & Summoning Order Of Magistrate While Exercising Its Revisional Power: Allahabad High Court Case title - Prabhakar Pandey Vs. State Of U.P. And Others [CRIMINAL REVISION No. - 2341 of 2001] Citation: 2022 LiveLaw (AB) 293 In a significant observation, the High Court said that while exercising the revisional power, the Sessions Court cannot quash the cognizance and summoning order passed by the Magistrate as its revisional jurisdiction is very limited. The Bench of Justice Shamim Ahmed further added that in case the Sessions Court finds any illegality, irregularity, or jurisdictional error while acting as a revisional court, then instead of quashing the proceedings, it had power only to issue direction by pointing out the error in the magistrate order. No Arrest During 2 Months' Cooling-Off Period After FIR Registration: Allahabad HC Issues Safeguards Against S. 498A Misuse Case title - Mukesh Bansal v State of UP Citation: 2022 LiveLaw (AB) 294 Allahabad High Court on Monday issued certain guidelines/safeguards to prevent the misuse of Section 498A of the Indian Penal Code (IPC). One of the guidelines issued by the Court states that after the registration of a First Information Report (FIR) under 498A IPC, no arrest or coercive action should be taken against the accused during the cooling-off period of two months. During this period, the Court has ordered that the issue should be referred to a Family Welfare Committee (FWC). It may be noted Section 498-A punishes a woman's husband or his relatives if they subject her to cruelty. Sympathy Or Compassion Has No Role In Matter Of Directing Or Not Directing Re-Evaluation Of Answer Sheets: Allahabad HC Case title - Anoop Kumar Singh And Another Vs. State Of U P And 2 Others Citation: 2022 LiveLaw (AB) 295 The High Court has observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheets. The Bench of Justice Manju Rani Chauhan further observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of answer sheet. Receiving Proper Education Is A Fundamental Right Under Article 21A Of Constitution Of India: Allahabad High Court Case title - Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others Citation: 2022 LiveLaw (AB) 296 The High Court recently observed that receiving proper education is a Fundamental Right enshrined under Article 21-A of the Constitution of India. The Bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi further observed that educational authorities must ensure that the...

All High Courts Weekly Round-Up [June 13 - June 19, 2022]

Shrutika Pandey

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