Allahabad High Court Weekly Round Up: January 17 To January 23, 2022

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 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.2. Special/Add Distt & Sessions Judge Can Take Cognizance Of Offences Under The Electricity Act: Allahabad High CourtCase title - Gulfam v. State of U.P. and Another Case citation: 2022 LiveLaw (AB) 15The 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.3. Allahabad HC Grants Bail To Gang-Rape Accused Real Brothers As Victim Refused To Get Herself Medically ExaminedCase title - Suresh Yadav @ Suresh Kumar Yadav v State of U.P. and Another Case Citation: 2022 LiveLaw (AB) 16The 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.4. Allahabad High Court Refuses To Entertain PIL Seeking Postponement Of UP Assembly Polls 2022 Amid COVID SurgeCase title - Atul Kumar and another v. Election Commission of BharatCase Citation: 2022 LiveLaw (AB) 17The 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.5. Railway Land Encroachment Menace: Allahabad High Court Issues Slew Of Directions To Railway AuthoritiesCase title - Anoop Kumar Mishra State Of U P And 8 Others Case Citation: 2022 LiveLaw (AB) 18Observing 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.6. Deposit ₹5 Lacs Toward 'Army Battle Casualty Welfare Fund': Allahabad High Court Imposes Bail Condition In NDPS CaseCase title - Rajneesh Kumar Gupta Second Bail v. U.O.I. Through Intelligence Officer N.C.B. Lucknow Case citation: 2022 LiveLaw (AB) 19While 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) 20The 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,...

Allahabad High Court Weekly Round Up: January 17 To January 23, 2022

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