Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav (Fourth Bail) v. State Of U.P. Thru. Prin. Secy. Home, Lko 2022 LiveLaw (AB) 362 Javed v. State of U.P. 2022 LiveLaw (AB) 363 Nabco Products Private Limited versus Union of India and Ors. 2022 LiveLaw (AB) 364 Babu v. State of U.P. 2022 LiveLaw (AB) 365 Raj Kishore @ Pappu v. State of U.P 2022 LiveLaw (AB) 366 Archana Devi v. State Of U.P. And 5 Others 2022 LiveLaw (AB) 367 Neha Yadav v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 368 Vikas Kumar Alias Vikas Agrahari v. State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Others 2022 LiveLaw (AB) 369 Amar Singh v. State 2022 LiveLaw (AB) 370 Judgments/Orders of the week Allahabad HC Grants Bail To Dowry Death Accused In Jail For Over 11 Years, Expresses Anguish Over Trial's 'Poor' Progress Case title - Fayanath Yadav S/O Late Devdutt Yadav (Fourth Bail) v. State Of U.P. Thru. Prin. Secy. Home, Lko [CRIMINAL MISC. BAIL APPLICATION No. - 7404 of 2022] Case Citation: 2022 LiveLaw (AB) 362 The Allahabad High Court granted bail to a dowry death accused (in jail for about 11 years) after it expressed its anguish over the poor progress of the trial in the case. The bench of Justice Shamim Ahmed was essentially dealing with the fourth bail application of one Fayanath Yadav booked in a criminal case registered against him under Sections 498-A, 304-B, I.P.C., and Section 3/4 of the Dowry Prohibition Act. "Murder Not Premediated": Allahabad High Court Modifies Conviction Of Man Who Caused Death After Being Called 'Kafir' Case title - Javed v. State of U.P. [CRIMINAL APPEAL No. - 890 of 2002] Case Citation: 2022 LiveLaw (AB) 363 In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir (meaning thereby the person who does not believe in religion), The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi modified the conviction of one Javed as it stressed that the incident had occurred because of the deceased calling him (accused/appellant) a Kafir cannot be said that it was a premeditated murder. Income Tax Officers Are Frequently Violating Principles Of Natural Justice: Allahabad High Court Case Title: Nabco Products Private Limited versus Union of India and Ors. The Allahabad High Court criticized the Income Tax Authorities for frequently violating the principles of natural justice. The Court ruled that the harassment caused to the assessees and the breach of principles of natural justice by the Income Tax Officers has become uncontrolled due to the absence of an effective system of accountability of the erring officers. "No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case Case title - Babu v. State of U.P. [CRIMINAL APPEAL No. - 2878 of 2013] Case Citation: 2022 LiveLaw (AB) 365 "...no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC. The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further stressed that undue harshness should be avoided while sentencing keeping in view the reformative approach underlying our criminal justice system. Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC Case title - Raj Kishore @ Pappu v. State of U.P [CRIMINAL APPEAL No. - 1443 of 2008] Citation: 2022 LiveLaw (AB) 366 The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in the house with the deceased at the relevant time, the provisions of Section 106 of the Evidence Act can not be pressed into service to put the onus on him to explain as to under what circumstances the deceased died. With this, the bench of Justice Manoj Misra and Justice Syed Aftab Husain Rizvi set aside the order and judgment of Sessions Judge, Etah in 2003 convicting and sentencing one Raj Kishore @ Pappu under Section 302 IPC and sentenced him to life imprisonment. Appeal U/S 372 CrPC For Enhancement Of Punishment Not Maintainable: Allahabad High Court Case title - Archana Devi v. State Of U.P. And 5 Others [CRIMINAL MISC. APPLICATION DEFECTIVE U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 1 of 2014] Citation: 2022 LiveLaw (AB) 367 The Allahabad High Court has reiterated that an appeal filed under Section 372 CrPC is not maintainable if it has been filed seeking enhancement of punishment awarded to the accused. It may be...

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

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