Allahabad High Court Weekly Round Up: January 10 To January 16, 2022

Judgments/Orders of the Week1. S. 482 CrPC Plea Maintainable To Quash Proceedings Which Are Ex Facie Bad For Want Of Sanction: Allahabad High CourtCase title - Mahendra Pal Singh Lekhpal And Another v. State of U.P. and AnotherCase Citaiton: 2022 LiveLaw (AB) 9The High Court observed that an application under Section 482 CrPC is maintainable to quash the proceedings, which are ex facie bad for want of sanction as required under Section 197 of Crpc (Prosecution of Judges and public servants).With this, the Bench of Justice Chandra Kumar Rai set aside a summoning order passed by the Judicial Magistrate Farrukhabad against a Lekhpal (applicant number 1) and a Kanoongo (applicant number 2) in the Consolidation department (both public servants) without obtaining necessary sanction as provided under Section 197 of CrPC.2. GST- State Authorities Cannot Act On Whims And Fancies To Harass Trading Community: Allahabad High CourtCase Title: S/S Shri Surya Traders v. Union Of India And 4 OthersCitation: 2022 LiveLaw (AB) 10In a case pertaining to wrongful seizure of a consignment by State authorities citing non-compliance with the provisions of UP GST Act, a single judge bench of Allahabad High Court has observed that "State government has tried to create an atmosphere for free flow of trade and commerce so that a good business environment can be developed in the State of Uttar Pradesh which can be used for development purpose but the State Authorities in their whims and fancies, are bent upon to harass the trading community of the state and the present case is a glaring example of this mischievousness of the State Authorities which needs to be checked at the end of the State government immediately."3. People Depositing Money In Banks Are 'Honest'; Banks Have To Take Responsibility For Cyber Crimes: Allahabad HCCase title - Neeraj Mandal @ Rakesh v. State of U.P and connected matters Case Citation: 2022 LiveLaw (AB) 11While denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, the Allahabad High Court today observed that those who deposit money in banks are honest and it is the responsibility of the banks to keep their money safe 'at any cost'.The Bench of Justice Shekhar Yadav also observed that those people who do not deposit crores of rupees in the bank and rather hide the same in the basements of their houses, are responsible for hollowing out the economic prosperity of the country.Opining that the bank has to take responsibility for such cases wherein the money of their customers is withdrawn by cybercriminals as such customers are more honest towards the country since they put their white money in banks."Bank account holders' money should be safe. Not only because the customer deposits money in the bank so that he/she can withdraw it when needed, but also because the money deposited by the customers in the bank is white and due to which, the economic condition of the country also improves. On the other hand, there are people in the country who do not deposit crores of rupees in the bank and keep it hidden in the basements of their houses. The banks do not get any benefit from it, and they also hollow out the economic condition of the country. In such a situation, that customer of the bank is more honest towards the country and his money should be kept safe by the bank at all costs and if in any way the money is withdrawn by cybercriminals, then for this, the bank has to take responsibility for it," the Court opined.4. Aadhaar-Bank Mandatory Linking: Allahabad HC 'Agrees' With Centre's Argument To Seek Review Of Supreme Court's 2018 VerdictCase title - Neeraj Mandal @ Rakesh v. State of U.P and connected mattersCase Citation: 2022 LiveLaw (AB) 11While denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, the High Court expressed its agreement with a submission made by the Union Government regarding the filing of a review petition against the Supreme Court's 2018 Adhaar Verdict before the SC.In its 2018 Verdict, the Supreme Court had ruled that the move of mandatory linking of Aadhaar with bank account does not satisfy the test of proportionality.Essentially, the Bench of Justice Shekhar Kumar Yadav was hearing the submissions of RBI, State Government, BSNL, and Union government regarding the measures that could be taken to tackle cyber frauds/cyber crimes/fraudulent withdrawal of money from banks.5. [GPF Rules] Rule Framed Under Article 309 Can't Be Replaced By Executive Order Issued Under Article 162: Allahabad High CourtCase title - Anurag Mehrotra v. State Of U.P.Thru Addl.Chief Secy.Finance Deptt. Lko & Ors. Case citation: 2022 LiveLaw (AB) 12The High Court has observed that any rule framed under Article 309 of the Constitution of India can only be replaced by an Act of an appropriate legislature and the same cannot be replaced by an executive order issued under Article 162 of...

Allahabad High Court Weekly Round Up: January 10 To January 16, 2022

Sparsh Upadhyay

Tags