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Allahabad High Court Weekly Round Up: January 17 To January 23, 2022
Sparsh Upadhyay
23 Jan 2022 12:40 PM GMT
Judgments/Orders of the Week 1. Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court Case title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it...
Judgments/Orders of the Week
Case title - Sanjeev Rai v. State of U.P. and Another
Case citation: 2022 LiveLaw (AB) 14
Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it is extremely difficult to conceive that a woman would be in a position to maintain her with the amount of Rs. 1500/- per month.
The Bench of Justice Sanjay Kumar Singh further remarked that the amount of ₹1500 as interim maintenance is not only a meager amount but also insufficient for the wife to maintain herself.
Case title - Gulfam v. State of U.P. and Another
Case citation: 2022 LiveLaw (AB) 15
The High Court has observed that a Special Judge (E.C. Act)/Additional District and Sessions Judge has jurisdiction to take cognizance of offences under the Electricity Act, 2003 notwithstanding Section 193 of CrPC by virtue of Section 153 of the Electricity Act.
The Bench of Justice Rajeev Misra concluded thus while hearing a Section 482 application filed by one Gulfam challenging the charge sheet filed against him under Sections 135-1(A) Electricity Act [Theft of Electricity] and cognizance taking the order of the Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad.
Case title - Suresh Yadav @ Suresh Kumar Yadav v State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 16
The High Court granted bail to 2 real brothers who have been accused of committing gang-rape upon a victim as the Court noted that she, after leveling the allegations, never admitted for any medical examination so as to establish the fact of gang rape upon her.
"This is the serious matter wherein the attending circumstances, it is required to establish the authenticity of the allegations. It is mandatory and obligatory on the part of the victim to get herself medically examined so as to substantiate the allegation of rape. It is not her choice to admit or not to admit for the medical examination," the bench of Justice Rahul Chaturvedi observed while granting bail to 2 real brothers/accused.
Case title - Atul Kumar and another v. Election Commission of Bharat
Case Citation: 2022 LiveLaw (AB) 17
The High Court refused to entertain a Public Interest Litigation (PIL) plea filed in the Allahabad High Court seeking postponement of elections for the Uttar Pradesh Legislative Assembly (scheduled to be held in Feb-March 2022) in view of the COVID surge.
The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari heard the case and after the arguments, the court refused to entertain the PIL and said that reasons for the same shall be recorded later on.
Case title - Anoop Kumar Mishra State Of U P And 8 Others
Case Citation: 2022 LiveLaw (AB) 18
Observing that the railways' administration has miserably failed in its duty to prevent encroachment over its land, the High Court today issued a slew of directions to eradicate the menace of encroachment over the Railway land.
The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava perceived the encroachment over the Railway land as a menace/hindrance to development which ultimately results in the average Indian citizen being deprived of better amenities and experiences.
Case title - Rajneesh Kumar Gupta Second Bail v. U.O.I. Through Intelligence Officer N.C.B. Lucknow
Case citation: 2022 LiveLaw (AB) 19
While granting bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the High Court recently imposed directed him to deposit a bank draft of ₹5 Lacs in the account of 'Army Battle Casualty Welfare Fund'.
The Bench of Justice Dinesh Kumar Singh has asked the accused, Rajneesh Kumar Gupta to deposit the said amount and submit a receipt thereof before the trial Court.
7. Magistrate Can 'Monitor' An Investigation In Exercise Of Power U/S 156(3) CrPC: Allahabad High Court
Case title - Satyaprakash v. State Of U.P And 6 Others
Case citation: 2022 LiveLaw (AB) 20
The High Court has observed that the Magistrate has the power to monitor investigation in the exercise of his power under Section 156(3) Cr.P.C.
The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while referring to Supreme Court's 2016 ruling in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage, (2016) 6 SCC 277, wherein it was explicitly observed that a person aggrieved with the way investigation being done in a matter, can move an application before the Magistrate under section 156 (3) CrPC as the Magistrate is empowered to even monitor an investigation under the said provision
Case title - Najeeruddin v. State of U.P
Case citation: 2022 LiveLaw (AB) 21
The High Court rejected the reference made to it to confirm the death penalty awarded to an accused in connection with a rape and murder case and directed the Sessions Court to conduct a retrial in the matter.
The Bench of Justice Manoj Misra and Justice Sameer Jain was dealing with the appeal of one Najeeruddin, who had been held guilty of murdering 3 persons from the same family and also raping a minor girl.
Important Weekly Updates From the High Court/UP courts
The High Court today concluded the final hearing in the bail plea filed by Ashish Mishra, prime accused in the Lakhimpur Kheri incident. Appearing for him, Senior Counsel GD Chaturvedi argued that Mishra was not driving the car which allegedly mowed down farmers/protestors on October 3, 2021.
Restoring a suo moto case registered in the year 2020, the High Court last week extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022, in light of the Covid-19 situation in the State of Uttar Pradesh.
A letter petition has been filed before the High Court alleging that Allahabad, Allahabad, Mangla Prasad Tripathi was cremated without proper investigation by the police department on January 18, 2022, and further seeking CBI inquiry into the matter.
The letter petition has been moved by Advocates, Gaurav Dwivedi, Rajneesh Kumar Singh, O.P. Singh, Saurabh Singh, Rohit Pandey and Prabhakar Jaiswal, who all are currently practicing at the High Court of Judicature at Allahabad.
4. Step-Motherly Treatment Being Given To 'Sanskrit' Language In Uttar Pradesh: Allahabad High Court
Case title - Badri Nath Tripathi v. State Of U.P. Through Its Secretary, And 4 Others
The High Court has observed that in the State of Uttar Pradesh, the state is giving stepmotherly treatment to the Sanskrit Language and further, sought a response from the UP Government as to why it is not creating a regular post of Sanskrit Teacher in the state.
The bench of Justice Rohit Ranjan Agarwal observed thus as it noted that in the state of UP, no post of Lecturer (Sanskrit) has been sanctioned and the Lecturer appointed for teaching Hindi, having studied in High School, Intermediate and in Graduation with subject 'Sanskrit', is being made to teach Sanskrit.
