Allahabad High Court Weekly Round Up: February 21 To February 27, 2022

CITATIONS 2022 LiveLaw (AB) 58 TO 2022 LiveLaw (AB) 76NOMINAL INDEX 1. Niyaz Ahmad Khan v. State of U.P. and Another 2022 LiveLaw (AB) 582. Tarun Pandit v. State of U.P. and Another 2022 LiveLaw (AB) 593. Virendra Singh vs State Of U.P. 2022 LiveLaw (AB) 604. Rakesh Kumar Pandey & Anr v. State Of U.P. & Anr. 2022 LiveLaw (AB) 615. Bheem Singh vs State of UP Through Secretary Home, Govt. U.P. Lucknow 2022 LiveLaw (AB) 626. Balram Jaiswal v. State of U.P 2022 LiveLaw (AB) 637. Ram Prakash v. Deputy Director of Consolidation, Hardoi and others 2022 LiveLaw (AB) 648. State of U.P. v. Krishna Murari alias Murli and others and connected matters 2022 LiveLaw (AB) 659. Dinesh Kumar Tiwari v. Bank Of Baroda A Body Corporate And Ors 2022 LiveLaw (AB) 6610. Saurabh Kumar Shukla v. The Election Commission of India and others 2022 LiveLaw (AB) 6711. Shriniwas vs State Of U.P. And Others 2022 LiveLaw (AB) 6812. Sumit Kumar Verma v. State Of U.P. Thru. Addl.Chief Secy. Dept. Of Medical Edu.Govt. Of U.P.Civil Secrtt. Lko And Others 2022 LiveLaw (AB) 6913. Sunil @ Moni And Another v. State of U.P. and Another 2022 LiveLaw (AB) 7014. Sudhakar Mishra v. State Of U.P. And Ors. 2022 LiveLaw (AB) 7115. Suraj Singh v. Election Commission Of India Nirvachan Sadan And 2 Others 2022 LiveLaw (AB) 7216. Mohammed Naseem Ali v. State Of U.P. Thru.Prin.Secy. Panchayat Raj Deptt. And Ors. 2022 LiveLaw (AB) 7317. Babu Pasi alias Babu Lal Pasi and another v. State of U.P. 2022 LiveLaw (AB) 7418. Pratiksha Singh And Another v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 7519. Yogesh Kesarwani And Anr. vs Devi Shankar Shukla 2022 LiveLaw (AB) 76Judgments/Orders of the Week1. Using Cyberspace To Vent Out Anger By Travestying PM, Key Figures Abhorrent: Allahabad HC Asks Centre To Tackle The 'Menace' Case title - Niyaz Ahmad Khan v. State of U.P. and Another Case citation: 2022 LiveLaw (AB) 58 The High Court observed that the use of Cyberspace by some people to vent out their anger and frustration by travestying the Prime Minister, Key Figures holding the highest office in the country, or any other individual is abhorrent and it violates the right to reputation of others. The Bench of Justice Sanjay Kumar Singh observed thus while refusing to quash criminal proceedings including the charge sheet, cognizance and the summoning order passed by Additional Chief Judicial Magistrate, Sant Kabir Nagar against one Niyaz Ahmad Khan who allegedly shared morphed photos of Prime Minister Narendra Modi and Union Home Minister Amit Shah on Facebook. 2. Wife Who Has Challenged Divorce Decree & Hasn'tAccepted Permanent Alimony U/S 25 Hindu Marriage Act Can Seek Maintenance U/S125 CrPC: Allahabad HC Case Title: Tarun Pandit v. State of U.P. and Another Citation: 2022 LiveLaw (AB) 59 The High Court recently allowed the claim for maintenance of a wife under Section 125 of CrPC, despite the grant of divorce decree by the Family Court, while noting that an appeal against the said decree was pending before the Court and the same had not attained finality. Justice Syed Aftab Husain Rizvi discarded the husband's plea that a divorced wife cannot claim maintenance under Section 125 CrPC. It also rejected the argument that since the Family Court has awarded permanent alimony under Section 25 of the Hindu Marriage Act, no maintenance under CrPC can be awarded. It observed, "It is clear that as O.P. No. 2 (wife) has not accepted the amount of alimony as she has challenged the divorce decree in appeal and appeal is pending and in that circumstances she can not accept the amount of alimony. So it can not be said that she has sufficient financial resources as permanent alimony has been awarded to her. At present she has no source of income and financial support to maintain her and comes in the category of destitute." 3. S.406 CrPC| Appeal In Case Transferred To Sessions Court In Another State Lies Before HC Of Transferee State & Not Transferor State: Allahabad HC Case Title: Virendra Singh vs State Of U.P. Citation: 2022 LiveLaw (AB) 60 The High Court has held that once in exercise of its powers under Section 406 CrPC the Supreme Court transfers a case from the subordinate criminal court in one state to a subordinate criminal court in another state, any appeal against an order in the said case shall lie before the High Court in the transferee High Court. The bench of Justice Suneet Kumar and Justice Om Prakash Tripathi made this observation while dealing with a criminal appeal, wherein a preliminary objection was raised by the CBI that the appeal is not entertainable before Allahabad High Court as the cause of action arose in Rajasthan. 4. Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC Case Title: Rakesh Kumar Pandey & Anr v. State Of U.P. & Anr. Citation: 2022 LiveLaw (AB) 61 The High Court, sitting in Lucknow, recently...

Allahabad High Court Weekly Round Up: February 21 To February 27, 2022

Sparsh Upadhyay

Tags