Allahabad High Court Weekly Round Up: August 22 To August 28, 2022

NOMINAL INDEX Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 385 Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors 2022 LiveLaw (AB) 386 Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko 2022 LiveLaw (AB) 387 Alam @ Mohammad Alam v. State Of U.P. and another 2022 LiveLaw (AB) 388 Richa Dubey v. State of U.P. 2022 LiveLaw (AB) 389 Smt. Ramkali Samajik Utthan Evan Jan Kalyan Samiti Thru. Secy. Adv. Manoj Kumar Yadav v. Union Of India Thru. The Ministry Of Social Justice And Empowerment New Delhi And 2 Others 2022 LiveLaw (AB) 390 Avneesh Kumar And Another v. Dr Sujoy Lal Thaosen,Director And 2 Others 2022 LiveLaw (AB) 391 Mohd.Shakib v. State of U.P. 2022 LiveLaw (AB) 392 Vaibhav Singh v. Smt. Divyashika Singh 2022 LiveLaw (AB) 393 Ramkrit Yadav v. State Of U.P. And Another 2022 LiveLaw (AB) 394 Ashish Yadav v. State Of U.P And Another 2022 LiveLaw (AB) 395 Ishrat v. State 2022 LiveLaw (AB) 396 JUDGMENTS/ORDERS OF THE WEEK Transportation Of Cow Skin Leather Doesn't Amount To Contravention Of 'UP Cow Slaughter Act': Allahabad High Court Case title - Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others Citation: 2022 LiveLaw (AB) 385 The Allahabad High Court has observed that the transport of cow skin leather does not amount to any contravention of provisions of the U.P. Prevention of Cow Slaughter Act, 1955, and therefore, the Magistrate has power under sections 451 or 457 Cr.P.C. to release a vehicle by which allegedly skin leather of cow or its progeny was transported. With this, the bench of Justice Mohd. Aslam set aside an order of the Special Chief Judicial Magistrate, Agra rejecting the application filed by the revisionist seeking the release of his vehicle allegedly used to transport Cow Skin Leather. Sanction U/S 197 CrPC Required Even If Police Officials Exceed Their Authority In Discharge Of Official Duty: Allahabad High Court Case title - Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors [APPLICATION U/S 482 No. - 5776 of 2017] Case Citation: 2022 LiveLaw (AB) 386 The Allahabad High Court has observed that even if the police officials exceed, to some extent, their authority in the discharge of their official/public duty, then also sanction would be required under section 197 CrPC for their prosecution. Section 197 Cr.P.C. deals with the prosecution of Judges and Public Servants wherein sanction of the Government is stipulated for taking cognizance of an offence alleged to have been committed while acting or purporting to act in the discharge of his duties. The bench of Justice Dinesh Kumar Singh categorically held that the court is barred to take cognizance of an alleged offence committed by the police personnel, which may be in excess of his official/public duty, if the prosecution has been initiated against such personnel without required sanction u/s 197 CrPC. Murder Accused Summoned U/S 319 CrPC In 'Cursory Manner' Based On Prosecution Witnesses' Statements: Allahabad HC Grants Bail Case Title - Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko Case Citation: 2022 LiveLaw (AB) 387 The Allahabad High Court granted bail to a murder accused who was summoned in a 'cursory manner' under section 319 of CrPC by the trial court based on the statements of the prosecution witnesses. The bench of Justice Shamim Ahmed noted that the applicant was not even named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses in the trial court. Under Section 319 CrPC, the Court has been given the power to proceed against other persons appearing to be guilty of offence in the course of any inquiry into, or trial of, an offence. "Prima Facie Allegations Not True": Allahabad HC Grants Bail To Siddique Kappan's Co-Accused In Hathras Conspiracy Case Case title - Alam @ Mohammad Alam v. State Of U.P. and another Case Citation: 2022 LiveLaw (AB) 388 The Allahabad High Court has granted bail to Siddique Kappan's Co-Accused, Mohammad Alam, a Cab Driver, in connection with the 'Hathras Conspiracy Case'. The Court observed that no incriminating article was recovered from his possession. UAPA Accused Alam, who was arrested on October 5, 2020, while on his way to Hathras, has been granted bail by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav as it found no complicity and involvement of the appellant with the terrorist activities or any other activity against the nation. Slain Gangster Vikas Dubey's Wife Granted Anticipatory Bail By Allahabad High Court In Cheating Case Case title - Richa Dubey v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION US 438 CR.P.C. No. - 7168 of 2022] Case Citation: 2022 LiveLaw (AB) 389 The ...

Allahabad High Court Weekly Round Up: August 22 To August 28, 2022

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