Allahabad High Court Weekly Round-Up: January 23 To January 29, 2023

NOMINAL INDEX Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 32 Mohd. Aslam vs. State of U.P 2023 LiveLaw (AB) 33 Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 34 Sajid @ Sajid Pardhan vs. State of U.P. 2023 LiveLaw (AB) 35 Mohammad Azam Khan vs. State of U.P. and Another 2023 LiveLaw (AB) 36 Krishna Kumar (As Per Fir And The Charge Sheet Krishna Kumar Naayi ) And Others vs. State Of U.P. Thru.Prin.Secy.Home And 3 Others 2023 LiveLaw (AB) 37 Lokendra Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 38 Dr.Priyanka Garg vs. State Of U.P.Thru.Addl.Chief Secy./Prin.Secy.Medical And Ors. 2023 LiveLaw (AB) 39 Ramji Prasad And 4 Others vs. State of U.P. and Another 2023 LiveLaw (AB) 40 Nandini Sachan vs. State of U.P. and Another 2023 LiveLaw (AB) 41 ORDERS/JUDGMENTS OF THE WEEK Right To Cross-Examine A Witness Can Be Denied Only In Exceptional Circumstances: Allahabad High Court Case title - Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 216 of 2023] Case citation: 2023 LiveLaw (AB) 32 The Allahabad High Court has observed that the right to cross-examine a witness is a right that may be denied only in exceptional circumstances or in such circumstances where the order sheet reveals that the other side/ party is habitual in seeking adjournments for one reason or another. The bench of Justice Rajesh Singh Chauhan passed this order while setting aside an order of the trial court wherein the opportunity of cross-examination for the applicant (accused in a Gangster Act Case) of a prosecution witness was closed despite the fact that the applicant had moved an adjournment application on the ground that his counsel was busy in some other court. Allahabad High Court Acquits Man Convicted In 2004 For Allegedly Killing 4 Persons Of A Family By Poisoning Them Case title - Mohd. Aslam vs. State of U.P [CRIMINAL APPEAL No. - 530 of 2004] Case Citation: 2023 LiveLaw (AB) 33 The Allahabad High Court acquitted a person convicted in the year 2004 for allegedly killing 4 persons of a family by mixing poison in their meat as it did not find credible evidence against him. The bench of Justice Ramesh Sinha and Justice Saroj Yadav acquitted one Mohd. Aslam as it noted that though it was painful that four persons of the family were done to death by poisoning, however, the real culprit of the crime could not be brought to book. Allahabad High Court Quashes Criminal Proceedings Against Rajyasabha MP Imran Pratapgarhi In 2019 MCC Violation Case Cae title - Mohd. Ahmad Khan @ Ahmad Khan And Another vs. State Of U.P. And 2 Others [APPLICATION U/S 482 No. - 36651 of 2022] Case Citation: 2023 LiveLaw (AB) 34 The Allahabad High Court has quashed entire criminal proceedings against Rajyasabha MP and Congress leader pertaining to the 2019 Model Code of Conduct Violation case registered against him. The bench of Justice Dinesh Kumar Singh quashed the entire proceedings of the case against Pratapgarhi and others, the cognizance order dated 02.07.2022 as well as the summoning order dated 10.10.2022 passed by Court of ACJM-04, District Moradabad. Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB Case title - Sajid @ Sajid Pardhan vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 50360 of 2022] Case citation: 2023 LiveLaw (AB) 35 The Allahabad High Court granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath. The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and the that he is in jail since September 2022 i.e. for about more than three months. 2007 'Provocative' Speech Case Against Azam Khan: Allahabad High Court Sets Aside UP Court's Order Taking Cognizance Case title - Mohammad Azam Khan vs. State of U.P. and Another [APPLICATION U/S 482 No. - 35405 of 2018] Case Citation: 2023 LiveLaw (AB) 36 In a partial relief for former Uttar Pradesh Cabinet Minister and Senior Samajwadi Party Leader Azam Khan, the Allahabad High Court has set aside an order of the Firozabad Court taking cognizance of offence under Section 153-A IPC in the 2007 'provocative' and 'communal' speech case. The bench of Justice Dinesh Kumar Singh observed that the offence under Section 153-A IPC is a serious offence, but the statute has created a bar for taking cognizance for such an offence unless there is a prior sanction of the competent authority i.e. State Government, which was not obtained in the present case. Judicial ...

Allahabad High Court Weekly Round-Up: January 23 To January 29, 2023

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