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

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 noted that Section 372 CrPC provides a right 'victim' [as defined under Section 2w (wa) of the Cr.P.C.] to move an appeal on three grounds namely

(i) When the accused person(s) have been acquitted;

(ii) When the accused person(s) have been convicted for a lesser offence;

(iii) Where inadequate compensation has been imposed by the Court (s).

UPKSZP Act | Kshettra Panchayat's Elected Member Vacates Office When Resignation Notice Is Received In Panchayat Office: Allahabad HC

Case title - Neha Yadav v. State Of U.P. And 4 Others [WRIT - C No. - 20091 of 2022]

Case Citation: 2022 LiveLaw (AB) 368

The Allahabad High Court has observed that under the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, an elected member of the Kshettra Panchayat shall be deemed to have vacated his office from the date on which notice of his resignation is received in the office of Kshetra Panchayat.

The bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava further observed that the vacancy in the office of Kshettra Panchayat becomes effective from the date, the resignation notice of a member is received in the office of the Kshetra Panchayat.

"Wrongdoers Shouldn't Get Benefit Out Of Frivolous Litigation": Allahabad HC Imposes ₹25K Cost On Petitioner For Concealment Of Facts

Case title - Vikas Kumar Alias Vikas Agrahari v. State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 5658 of 2022]

Case Citation: 2022 LiveLaw (AB) 369

Stressing that wrongdoers should not get benefits out of frivolous litigation, the Allahabad High Court imposed a cost of ₹25,000/- on a petitioner who concealed material facts from the court that he had earlier filed two anticipatory bail applications and did not comply with court's orders.

The bench of Justice Ramesh Sinha and Justice Saroj Yadav imposed costs on Vikas Kumar Alias Vikas Agrahari (petitioner) who moved the Court seeking to quash an FIR registered against him under sections 417, 376, 504, 506 IPC.

"Rape Victim's Testimony Doubtful": Allahabad High Court Sets Aside Man's Conviction After He Served Out Full Sentence

Case title - Amar Singh v. State [JAIL APPEAL No. - 5100 of 2011]

Citation: 2022 LiveLaw (AB) 370

The Allahabad High Court set aside the conviction order passed against a rape accused as it found each and every part of the testimony of the prosecutrix to be 'infirm', 'doubtful', and 'contradictory'.

Significantly, the accused has already been released after serving a full sentence after getting the benefit of a remission period.

The bench of Justice Karunesh Singh Pawar found that in support of the testimony of the prosecutrix no corroborative evidence was presented before the Court and that the prosecution had not been able to prove the place of occurrence, the time of occurrence, and the manner of occurrence.

Other updates from the High Court

Non Refund Of Licence Fee For Model Shop, Unused Due To Covid Prohibitions: Allahabad High Court Asks Dept To Explain

Case Title: Nidhi Agarhari Versus State Of U.P. And 3 Others

The Allahabad High Court has held that the department has practically refused to comply with the directions of the Court and has shown misconduct and a flagrant breach of the principles of judicial discipline and propriety.

The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has observed that the conduct of the department may require the imposition of an exemplary cost and the initiation of appropriate proceedings. However, one opportunity is afforded to the department to file the personal affidavit within one week and show cause as to why an exemplary cost may not be imposed upon them for showing misconduct.

Allahabad High Court Organises Lawyers' Conclave On Exploring Ways & Means Of Expeditious Disposal Of Motor Accident Claims

The Allahabad High Court organized a Lawyers' Conclave on "Exploring the Ways and Means for Expeditious Disposal of Motor Accident Claims and Discussion on New Amendments in M.V. Act, 1988".

The conclave was held under the aegis of Chief Justice Rajesh Bindal and was organized by the Committee to Monitor and Suggest Steps for Expeditious Disposal of Cases Related to Motor Accident Claims pending before the High Court and Motor Accident Claims Tribunals throughout the State of U.P.

Allahabad High Court 'Depracates' Practice Of Counsels Seeking Bail For Accused Rather Than Arguing Main Matter/Appeal

Case title - Umesh Gosai v. State of U.P. [CRIMINAL APPEAL No. - 5926 of 2016]

The Allahabad High Court recently deprecated the practice of counsels pressing for bail application of the accused during the pendency of appeal against conviction while showing reluctance to argue the appeal/main matter.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while dealing with a 2016 appeal filed by the accused against his conviction, wherein the counsel appearing for him pressed for grant of bail rather than arguing the main matter.

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine

Case title - Hema Devi v. State Of U.P. And Ors. [CRIMINAL APPEAL No. - 1273 of 2010]

The Allahabad High Court is set to examine an interesting question as to whether a 'victim', who is also the complainant in the case and who has preferred an appeal under Section 372 CrPC, can be asked to obtain special leave to appeal from the order of acquittal as provided under Section 378 (4) CrPC.