Allahabad High Court Weekly Round-Up: January 9 To January 15, 2023

NOMINAL INDEX Ravi Kumar vs. State Of U P And 2 Others 2023 LiveLaw (AB) 6 Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. 2023 LiveLaw (AB) 7 Pintu Kumar vs. State of U.P 2023 LiveLaw (AB) 8 Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors 2023 LiveLaw (AB) 9 Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others 2023 LiveLaw (AB) 10 Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another 2023 LiveLaw (AB) 11 Kailash vs. State of U.P along with a connected appeal 2023 LiveLaw (AB) 12 Paras Prasad vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 13 Mokhtar Ansari vs. State of U.P 2023 LiveLaw (AB) 14 Narendra Singh Panwar v Pashchimanchal Vidyut Vitran Nigam Limited & Ors. 2023 LiveLaw (AB) 15 ORDERS/JUDGMENTS OF THE WEEK Irresponsible Insinuations Against Judicial Officers Have Become A Fashion: Allahabad HC Imposes Rs. 50K Cost On A Petitioner Case title - Ravi Kumar vs. State Of U P And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 15459 of 2022] Case Citation: 2023 LiveLaw (AB) 6 The Allahabad High Court took an exception to the ‘fashion’ of making irresponsible insinuations about the judiciary or its officers and observed that this unholy practice has to be whole-heartedly discouraged and deplored by every responsible person in society. The Court also said that we are presently living in a democracy in its ugliest form, where nobody has got any regard for any institution. Student's Suicide Case| Allahabad HC Sets Aside Trial Court's 'Non Speaking Order' Rejecting Discharge Plea Of School Principal, Teacher Case title - Melvin Saldanha And Anr. Vs. State Of U.P. And Anr. [CRIMINAL REVISION No. - 604 of 2019] Case Citation: 2023 LiveLaw (AB) 7 The Allahabad High Court set aside a 'non speaking' order of the trial court dismissing the discharge plea moved by the Principal and PT Teacher of a Lucknow-based School in a case registered against them under Section 305 IPC for allegedly abetting the suicide of a 12th Student by giving him corporal punishment. In its January 6 order, the bench of Justice Brij Raj Singh noted that the trial court, while dismissing the discharge plea, had not examined the facts of the case coupled with the requirement of offences under Section 107 (Abetment of a thing), 305 (Abetment of suicide of child or insane person) IPC and Section 227 (Discharge) CrPC. 'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry Case title - Pintu Kumar vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 37170 of 2022] Case Citation: 2023 LiveLaw (AB) 8 The Allahabad High Court denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. “Such criminal tendencies growing in the society must be nipped in the bud to convey a strong message to the culprits in the society,” the bench of Justice Saroj Yadav observed as it called the alleged offence, a ‘serious’ one. Writ Petition Raising Service Disputes Not Maintainable Against Private Educational Institution: Allahabad High Court Case title - Devesh Verma vs. Christ Church College Throu Principal Hazratganj Lko.And Ors [SPECIAL APPEAL DEFECTIVE No. - 2 of 2018] Case Citation: 2023 LiveLaw (AB) 9 The Allahabad High Court observed that the employees of a private educational institution do not have the right to invoke the writ powers of the High Court in respect of matters relating to service where they are not governed or controlled by the statutory provisions. The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi observed thus while denying relief to the petitioner, one Devesh Verma, who was removed from the post of Lecturer in Christ Church College, Lucknow in July 1992 after he misbehaved with the college principal. 'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR Case title - Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 9 of 2023] Case Citation: 2023 LiveLaw (AB) 10 The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR. The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted that such a prayer need not be addressed in a public interest litigation. Conversion Of Plea U/S 156 (3) CrPC Into A Complaint Isn't An Interlocutory Order; Revision Against It Maintainable: Allahabad HC Case title - Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another [APPLICATION U/S 482 No. - 26037 of 2022] Case Citation: 2023...

Allahabad High Court Weekly Round-Up: January 9 To January 15, 2023

Sparsh Upadhyay

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