Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

Judgments/Orders of the Week1. [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HCCase title - Shradha Kannaujia (Minor) And Another v. State Of U.P. And 5 Others Case citation: 2022 LiveLaw (AB) 28The High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody matters may be invoked only in cases where the detention of a minor is by a person, who is not entitled to his/her legal custody.In view of this, the Bench of Justice Raj Beer Singh dismissed a Habeas plea filed by the mother of a 5-year-old girl seeking minor's custody from her father (her husband) as the Court noted that the appropriate remedy in such matters would lie under the Hindu Minority and Guardianship Act, 1956 or Guardians and Wards Act, 1890.2. Advertisement Under Drugs & Magic Remedies Act Includes Oral Advertisements As Well: Allahabad High CourtCase Title: Kanhaiya Lal Nishad v. State of U.P. Case Citaion: 2022 LiveLaw (AB) 29The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 was brought in considering the increasing objectionable advertisements claiming to cure venereal diseases, diseases and conditions peculiar to women, and the term advertisement as per this act includes 'oral announcements' for the purposes of the Act, Allahabad High Court held.In an appeal filed against the order of Additional Sessions Judge passed in 2011 which held the appellant liable under Section 7 of the Act, Justice Sadhna Rani Thakur observed that advertisements under the said Act can be oral as well.3. 99 Culprits Can Escape But One Innocent Shouldn't Be Punished: Allahabad High Court Sets Aside Life Sentence Of Murder ConvictsCase title - Pinkoo @ Jitendra v. State of U.P. connected with Smt. Ishwari Devi v. State of U.P.Case citation: 2022 LiveLaw (AB) 30The High Court set aside the life sentence of two murder convicts, including a woman in connection with the murder of a youth in Aligarh's Gandhi Park area while stressing that 99 guilty persons may escape the clutches of law but one innocent shouldn't be punished.The judgment came from the division bench of Justice Arvind Kumar Mishra-I and Justice Vikas Budhwar on a criminal appeal filed by two murder convicts against a 2012 order of conviction passed by Additional District and Sessions Judge, Aligarh under Sections –302/34 and 114 I.P.C.4. Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High CourtCase title - Nikhil Upadhyay (Minor) v. State Of U P And 4 OthersCase citation: 2022 LiveLaw (AB) 31The High Court has observed that a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).The Bench of Justice Saumitra Dayal Singh was hearing a writ plea moved on behalf of an 8-year-old, Nikhil Upadhyay, whose name had been struck off from the list of beneficiaries under the RTE Act due to a fraudulent claim of his father for minor's free education under the ACT.5. "Tainted Investigation": Allahabad High Court Sets Aside Convict's Life Sentence In A 40-Year-Old Murder CaseCase title - Radhey Shyam And Others v. State Case citation: 2022 LiveLaw (AB) 32The High Court set aside the life sentence of a murder convict in a case that dates back to 1981 after concluding that the investigation of the case appeared to be tainted and not as per law.The Bench of Justice Ramesh Sinha and Justice Vivek Varma didn't find the statements of the eyewitnesses of the incident to be credible and it also discarded several theories put up by the prosecution regarding the motive behind the killing of the deceased.6. Dowry Death- "Crime Evident Of Heartless Husband's Callous Greed": Allahabad HC Denies Bail To Man Accused Of Burning WifeCase title - Bablu Second Bail Application v. State of U.P. Case citation: 2022 LiveLaw (AB) 33 The High Court denied bail to a Husband who has been accused of burning her 22-year-old wife and thereafter, burying her dead body was buried at a secret place in connection with the demand of dowry.The Bench of Justice Vikas Kunvar Srivastav denied bail to Bablu (husband of the deceased) as the court remarked that the alleged act of husband was evident of callous greed of a heartless husband and self-centered irresponsible father of the infant child.7. Mere Incorporation Of S. 307 IPC In FIR & Chargesheet No Bar To Quash Case Based On Compromise B/W Parties: Allahabad HCCase title - Dr. Mohd. Ibrahim And Ors. v. State Of U.P. And Ors.Case citation: 2022 LiveLaw (AB) 34The High Court said that mere incorporation of Section 307 IPC (attempt to murder) in the FIR and the charge-sheet, would not be a bar to the compromise entered into between the parties to put an end to the disputes between them.Observing thus, the Bench of Justice Subhash Vidyarthi allowed a 482 CrPC...

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

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