Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023

NOMINAL INDEXChantara vs. State of U.P. 2023 LiveLaw (AB) 55 Ranbir Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 56 Suneeta Pandey vs. State Of U.P. And Another 2023 LiveLaw (AB) 57 Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director 2023 LiveLaw (AB) 58 Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors. 2023 LiveLaw (AB) 59 Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another 2023 LiveLaw (AB) 60 Salman Khurshid vs. State of U.P. and Another 2023 LiveLaw (AB) 61 Kushwaha Mahasabha and another vs. State of U.P. and others 2023 LiveLaw (AB) 62 Santosh Gupta vs. State Of U.P.And 4 Ors 2023 LiveLaw (AB) 63 M/S Yash Kothari Public Charitable Trust Versus State Of U.P. And 2 Others 2023 LiveLaw (AB) 64 Prem Narayan Pandey vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 65 Jitendra Narayan Tyagi Alias Syed Waseem Rizvi vs. The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others 2023 LiveLaw (AB) 66 Anees vs. State of U.P 2023 LiveLaw (AB) 67 Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 68 Inayat Altaf Shekh And 3 Others vs. State Of UP and Another 2023 LiveLaw (AB) 69 ORDERS/JUDGMENTS OF THE WEEK'Azadi-Ka-Amrit Mahotsav' Relates To Citizens' Welfare But Police Administration Feels More Comfortable To Remain With Colonial Structure: Allahabad HCCase title - Chantara vs. State of U.P.Case Citation: 2023 LiveLaw (AB) 55"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure," the Allahabad High Court observed recently while taking exception to a counter affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent.The bench of Justice Manju Rani Chauhan also took to task the deponent of the counter affidavit (Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj) by observing that the officer believed himself to be empowered with sanction to author a certificate of the propensity of a person without any cogent material."A bare reading of the averments in counter affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis," the bench observed. Can't Withhold Promotion On Ground Of Adopting Sealed Cover Procedure During Pendency Of Criminal Case: Allahabad High Court Case title - Ranbir Singh vs. State Of U.P. And 2 Others [WRIT - A No. - 1789 of 2022] Case Citation: 2023 LiveLaw (AB) 56 The Allahabad High Court observed that the Competent Authority can not withhold the recommendation of a person indefinitely on the ground of adopting the sealed cover procedure during the pendency of the criminal case. The bench of Justice Jaspreet Singh observed thus while granting relief to one Ranbir Singh (presently serving as a Tehsildar with the State Government and seeking promotion to the post of a Deputy Collector) by directing the Competent Authority to consider his claim of opening the sealed cover within a period of eight weeks from the date. A Woman Facilitating Act Of Rape With A Group Of People May Be Prosecuted For 'Gang Rape' U/S 376D IPC: Allahabad High Court Case title - Suneeta Pandey vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 39234 of 2022] Case Citation: 2023 LiveLaw (AB) 57 The Allahabad High Court observed that a woman can not commit the offence of rape but if she facilitates the act of rape with a group of people then she may be prosecuted for 'Gang Rape' under Section 376D Of IPC in view of the amended provisions. Perusing the provisions of Section 375 and 376 IPC (as amended by Act 13 of 2013 of the Indian Penal Code, 1860), the bench of Justice Shekhar Kumar Yadav rejected the argument that a woman cannot be prosecuted for the alleged commission of the offence of gang rape. Allahabad High Court Denies Bail To Alleged PFI Leader Accused Of Collecting Over ₹20 Crore For Unlawful Activities Case title - Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director [CRIMINAL MISC. BAIL APPLICATION No.7719 of 2022] Case Citation: 2023 LiveLaw (AB) 58 The Allahabad High Court rejected the bail plea of the alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case wherein he has been accused of collecting and laundering funds over Rs. 20 crores for the PFI. The bench of Justice Rajesh Singh Chauhan rejected the bail plea today. It may be noted ...

Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023

Sparsh Upadhyay

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