Allahabad High Court Weekly Round Up: February 7 To February 13, 2022

Judgments/Orders of the Week 1. UP Power Corporation EPF Scam: Allahabad High Court Grants Bail To Prime Accused Parveen Kumar Gupta Case title - Parveen Kumar Gupta v. State Of U.P.Thru C.B.I./A.C.B. Lucknow Case citation: 2022 LiveLaw (AB) 37 The High Court granted bail to the former General Manager of Uttar Pradesh Power Corporation Limited and prime accused in the Corporation's EPF Scam, Parveen Kumar Gupta. The Bench of Justice Pankaj Bhatia has granted him bail on the condition of his furnishing personal bonds and two reliable sureties of Rs.5,00,000/- each to the satisfaction of the court concerned. 2. [Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC Case title - Ashish And 2 Others V. State Of U.P.And AnotherCase citation: 2022 LiveLaw (AB) 38 The High Court has observed that conducting or not conducting preliminary enquiry is the domain of Investigating Officer and on which basis, F.I.R. cannot be quashed. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of the FIR that had been lodged against them under Sections 498A, 323, 506 I.P.C. and Section 3/4 of D.P. Act. 3. "Dying Declaration Recorded By Police Officer Is Admissible": Allahabad High Court Upholds Life Sentence In Murder Case Case title - Prem Nath Yadava & Another v. State of U.P. Case Citation: 2022 LiveLaw (AB) 39 The High Court upheld the life sentence of a convict in a murder case that dates back to the year 2002 while stressing that there is no prohibition that the police personnel should not record dying declaration and that such a dying declaration is also admissible in evidence. The Bench of Justice Ramesh Sinha and Justice Vikas Budhwar further noted there might be certain defects in the investigation so conducted by the Investigating Officer, but the same cannot ipso facto be a ground to hold that the appellants are not guilty, as there exists ocular and documentary evidence, which proves that the appellants have committed the murder of the deceased. 4. Criminal Appeal Can't Be Dismissed On The Ground Of 'Not Pressed': Allahabad High Court Case title - Billu @ Anandi And Another v. State of U.P. and AnotherCase Citation: 2022 LiveLaw (AB) 40 The High Court observed that a Criminal Appeal cannot be dismissed on the ground of not being pressed. The Bench of Justice Anil Kumar Ojha observed thus while allowing a revision plea filed against an order passed by Additional Sessions Judge under Section 101 of JJ Act dismissing an appeal filed by the accused/revisionist on the ground of not pressed. 5. [Anti CAA Protests] Allahabad High Court Grants Pre Arrest Bail To Man Accused Of Raising Anti-National Slogans Case title - Mohammad Kaif v. State Of U.P And AnotherCase citation: 2022 LiveLaw (AB) 41 The High Court granted anticipatory bail to a man named, Mohammad Kaif who has been accused of trying to incite religious sentiments by raising anti-national slogans during Anti-CAA protests. The Bench of Justice Raj Beer Singh considered the settled principle of law regarding anticipatory bail along with the submissions of the counsel for the parties, nature of the accusation, the role of the applicant, and all attending facts and circumstances of the case, and opined that a case for anticipatory bail was made out. 6. Allahabad High Court Refuses To Quash FIR Over Circulation Of Video Calling 'Hazrat Adam' As Father Of Hindus Case title - Shakil Khan v. State Of U.P. And 2 Others Case citation: 2022 LiveLaw (AB) 42 The High Court refused to quash a First Information Report (FIR) registered over the circulation of a video on Facebook, wherein an anonymous Maulana was seen as saying that 'Hazrat Adam is the father of the Hindus'. Having perused the contents of the FIR, the Bench of Justice Ashwani Kumar Mishra and Justice Ajai Tyagi found that prima facie a cognizable offence was disclosed in the same and in view of the law settled, the Court added, prayer for its quashing cannot be allowed. 7. [Ashish Mishra Bail] Possible That Driver Tried To Speed Up Vehicle To Save Himself From Protestors: Allahabad High Court Case title - Ashish Mishra @ Monu v. State of U.P. Case citation: 2022 LiveLaw (AB) 43 The High Court granted bail to Ashish Mishra, the son of Union Minister Ajay Mishra 'Teni', who is the prime accused in the Lakhimpur Kheri Violence case. The Court noted that there might be a possibility that the driver (of Thar) tried to speed up the vehicle to save himself, on account of which, the incident had taken place. Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they were ...

Allahabad High Court Weekly Round Up: February 7 To February 13, 2022

Sparsh Upadhyay

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