Allahabad High Court Weekly Round Up: July 4 To July 10, 2022

Atul Kumar Singh Alias Atul Rai S/O Shri Bharat Singh v. State Of U.P. Thru. Prin. Secy. Home 2022 LiveLaw (AB) 309

Parvez Ahmad And 3 Others v. State of U.P. and Another 2022 LiveLaw (AB) 310

Amita Garg And 6 Others v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 311

Srawan Kumar Maurya v. State Of U.P. 2022 LiveLaw (AB) 312

Reena Srivastava Vs. State Of U.P. 2022 LiveLaw (AB) 313

Vinod Kumar Garg v. State Of U.P. Thru. Its Chief Secy. Govt. Of U.P Civil Secrt. Lucknow And Another 2022 LiveLaw (AB) 314

Sanjog Walter Vs. State Of U.P. Thru. Chief Secy. Up Lko And 5 Others 2022 LiveLaw (AB) 315

ORDERS/JUDGMENTS OF THE WEEK

Parliament Has Responsibility To Restrain Criminals From Entering Into Politics, Legislature To Save Democracy: Allahabad HC

Case title - Atul Kumar Singh Alias Atul Rai S/O Shri Bharat Singh v. State Of U.P. Thru. Prin. Secy. Home

Citation: 2022 LiveLaw (AB) 309

In a significant observation, the Allahabad High Court has said that it is the responsibility of the Parliament to show its collective will to restrain the criminals from entering into the politics, Parliament, or legislature to save democracy and the country governed on democratic principles and rule of law.

The Bench of Justice Dinesh Kumar Singh observed thus while denying bail to a sitting Member of Parliament (Bahujan Samaj Party), Atul Rai in connection with an Abetment of suicide case. The bench also noted that Rai is facing 23 criminal cases, which include cases of kidnapping, murder, rape, and other heinous offences.

Allahabad HC Refuses To Quash Case Against Govt, Madrasa Teachers Allegedly Found With Cow Meat, 16 Live Cattle Stock

Case title - Parvez Ahmad And 3 Others v. State of U.P. and Another [APPLICATION U/S 482 No. - 17024 of 2022]

Citation: 2022 LiveLaw (AB) 310

The Allahabad High Court refused to quash the criminal case against a government teacher and a madrasa teacher from whose possession cow meat (beef) and 16 live cattle were recovered.

The Bench Justice Rohit Ranjan Agarwal observed that the First Information Report (FIR) that prima facie cognizable offence is made out against the applicants and thus, no case was made out to quash the case against them.

High Court Has Power To Grant Transit Anticipatory Bail In Offences Registered Outside Its Jurisdiction: Allahabad High Court

Case title - Amita Garg And 6 Others v. State Of U.P. And 3 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5286 of 2022]

Citation: 2022 LiveLaw (AB) 311

The Allahabad High Court has observed that a High Court has the power to grant transit anticipatory bail to an accused in connection with an offence regsitered/about to be registered outside its jurisdiction/state.

"...there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High Courts where the offence is alleged to have been committed and the case is registered," the bench of Justice Siddharth held.

Medical Non-Examination Of Accused Can't Create Doubts On Eye-Witnesses' Account Supported By Medical Evidence: Allahabad HC Upholds Rape Conviction

Case title - Srawan Kumar Maurya v. State Of U.P. [CRIMINAL APPEAL No. - 2422 of 2008]

Case Citation: 2022 LiveLaw (AB) 312

The Allahabad High Court has observed that mere non-examination of the accused medically after the incident cannot create clouds of doubts on the evidence of eye-witnesses well supported with medical evidence.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav observed thus as it upheld the conviction of the rape accused who was sentenced to life imprisonment by the trial court coupled with a direction pay Rs.25,000/- as compensation to the victim.

"Heavy Duty Of Wife To Explain In What State She Left Room Where Husband Was Found Murdered": Allahabad HC Upholds Murder Conviction

Case title - Reena Srivastava Vs. State Of U.P. [CRIMINAL APPEAL No. - 2702 of 2008]

Case Citation: 2022 LiveLaw (AB) 313

The Allahabad High Court upheld the murder conviction and life sentence awarded to a woman and her alleged lover for killing the husband of the woman in furtherance of common intention.

The Court observed that the wife/accused had failed to explain her conduct and the state of leaving her husband's room (where he was found murdered the next morning) late at night.

Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs

Case title - Vinod Kumar Garg v. State Of U.P. Thru. Its Chief Secy. Govt. Of U.P Civil Secrt. Lucknow And Another [PUBLIC INTEREST LITIGATION (PIL) No. - 372 of 2022]

Case Citation: 2022 LiveLaw (AB) 314

The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.

Stressing that in service matters, no public interest litigation is maintainable, the Bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar dsimissed the plea noting that the petitioner was a complete stranger and was seeking alteration in the conditions of service of the employees of the State Government.

Water Logging Menace | Allahabad High Court Issues Slew Of Directions To Lucknow Development Authority

Case title - Sanjog Walter Vs. State Of U.P. Thru. Chief Secy. Up Lko And 5 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 374 of 2022]

Case citation: 2022 LiveLaw (AB) 315

Dealing with a Public Interest Litigation (PIL) plea seeking a direction to the state government authorities for the removal of encroachment over various drainage systems in the city of Lucknow, the Allahabad High Court issued a slew of directions to the Lucknow Development Authority.

Though the court noted that prayers in the writ plea are omnibus in nature, the bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar disposed it of with the following directions to the Nagar Nigam:

- Activate its employees/ officials so that different drainage systems operating in the city of Lucknow are cleaned and are appropriately maintained.

- Take all such effective steps which may help to remove or minimize the difficulties being faced by the residents of Lucknow on account of water logging, which is being caused during monsoon.

- Take all possible steps to mitigate the aforesaid problem including installation of pumps where syphoning of water may be required.

- The officials of Nagar Nigam shall also ensure that pumps already installed are in a fit and functional condition.