Allahabad High Court Weekly Round Up: July 25 To July 31, 2022

NOMINAL INDEX Srinivas And Ors. v. State of U.P. and Another 2022 LiveLaw (AB) 339 Jai Krishna Dubey@ Raj Dubey And 4 Others Vs. State of U.P. and Another 2022 LiveLaw (AB) 340 Ashish Mishra @ Monu v. State of U.P. 2022 LiveLaw (AB) 341 Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremation v. State Of U.P. Thru Additional Chief Secretary Home And Ors. 2022 LiveLaw (AB) 342 X(Minor) And Another v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 343 Vartika Singh v. State Of U.P. Thru. S.P. District Amethi And 3 Ors. 2022 LiveLaw (AB) 344 Pintu Gupta v. State of U.P. 2022 LiveLaw (AB) 345 Wajid Advocate Alias Wajid Khan And Another v. State Of U.P. And Another 2022 LiveLaw (AB) 346 Ayyub Khan @ Guddu v. State of U.P. and Another 2022 LiveLaw (AB) 347 Paras Jain @ Rohan Jain v. Union of India 2022 LiveLaw (AB) 348 JUDGMENTS/ORDERS OF THE WEEK Can't Believe That 4 Real Brothers, Their Father Would Rape A Mother Of 2 Children: Allahabad High Court Quashes Rape Case Case title - Srinivas And Ors. v. State of U.P. and Another [APPLICATION U/S 482 No. - 5233 of 2014] Case citation: 2022 LiveLaw (AB) 339 The Allahabad High Court (Lucknow bench) quashed a criminal case against four real brothers, and their father, aged around 81 years who were booked for allegedly gang-raping a married woman, having two grown-up children The bench of Justice Dinesh Kumar Singh observed that it was not believable that four real brothers and their father would commit rape on a woman having two grown-up children. Relevant Date To Compute Limitation Period U/S 468 CrPC Is The Date Of Institution Of Prosecution: Allahabad High Court Case title - Jai Krishna Dubey@ Raj Dubey And 4 Others Vs. State of U.P. and Another [APPLICATION US 482 No. - 11167 of 2022] Citation: 2022 LiveLaw (AB) 340 The Allahabad High Court has observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence. It may be noted that 'institution of prosecution' would refer to the date of filing of the complaint or registering of the FIR [vide Darshan Singh Saini Vs. Sohan Singh and another (2015) 14 SCC 570 & Johnson Alexander Vs. State by CBI Cri. Appeal 1478 of 2010] It was specifically observed by the bench of Justice Sameer Jain that the relevant date for the purpose of computing the period of limitation under Section 468 Cr.P.C. is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance. "Media Conducts Agenda Driven Debates, Runs Kangaroo Courts & Oversteps Upon Sanctity Of Judiciary": Allahabad HC In Ashish Mishra Bail Order Case title - Ashish Mishra @ Monu v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 13762 of 2021] Case citation: 2022 LiveLaw (AB) 341 Denying bail to Ashish Mishra, the prime accused in the Lakhimpur Kheri Violence case, the Allahabad High Court today pointed toward the recent trend in media to conduct ill-informed and agenda-driven debates. The Court also said that the media has been overstepping upon the sanctity of the judiciary in high-profile criminal cases. Speaking about media trials, the Court said that such trials take up the investigation on its own, leading to forming public opinion against a suspect, even before the court takes cognizance of the case. As a result, the Court said, the accused who should have been presumed innocent is treated as a criminal and added that this problem has been multiplied by electronic and social media, especially with tool kits. Further, the Court also blamed the media for running Kangaroo Courts. Apart from this, the Court also added that of late, the media is seen overstepping upon the sanctity of the judiciary in high-profile criminal cases, as was evident in the cases of Jessica Lal, Indrani Mukherjee, and Aarushi Talwar, etc. The Bench of Justice Krishan Pahal further remarked that the media is supposed to provide news to society, but sometimes, individual views are overshadowing the news thus putting an adverse effect on truth. "Consider Relocating Hathras Victim's Family Members Within State, Providing Govt Job To 1 Family Member": Allahabad HC Directs UP Govt Case title - Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremation v. State Of U.P. Thru Additional Chief Secretary Home And Ors. Citation: 2022 LiveLaw (AB) 342 The Allahabad High Court directed the Uttar Pradesh Government to consider giving employment of one of the family members of the Hathras Gang rape Victim under the Government or Government Undertaking commensurate with the qualification possessed by them. The bench of Justice Rajan Roy and Justice Jaspreet Singh...

Allahabad High Court Weekly Round Up: July 25 To July 31, 2022

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