Allahabad High Court Weekly Round Up: May 2 To May 8, 2022

NOMINAL INDEX Dr. Ayub v. State of U.P. and Another 2022 LiveLaw (AB) 222 Sushil Kumar And 6 Others v. State of U.P. and Another 2022 LiveLaw (AB) 223 Suresh Yadav v. State Of U.P. Thru Addl.Chief Secy Deptt. Of Home 2022 LiveLaw (AB) 224 Jitendra Kumar v. Anil Kumar And Another 2022 LiveLaw (AB) 225 Sunil v. State of U.P. and Another 2022 LiveLaw (AB) 226 Ram Vilas Thru. Daughter Sarojani And Another v. State Of U.P. Thru. Prin. Secy. Home And Others 2022 LiveLaw (AB) 227 Phool Singh And Another v. State of U.P. and connected appeals 2022 LiveLaw (AB) 228 Rama Kant Dixit v. Union Of India Thru. Its Secy. Ministry Of Personnel, Public Grievances And Pensions And Another 2022 LiveLaw (AB) 229 Irfan v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 230 Uphill Farms Private Limited v. UOI 2022 LiveLaw (AB) 231 Abdul Kayyum v. Sri Neeraj Gutpa Prin. Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 232 Sunny Yadav And Another V. State Of U.P. And 3 Others 2022 LiveLaw (AB) 233 Jahur Hasan v. R.M. Srivastava Prin. Sec. Home Lko. And 5 Others 2022 LiveLaw (AB) 234 Orders/Judgments of the Week Allahabad HC Grants Pre Arrest Bail To Peace Party President For Allegedly Threatening To Kill CM Yogi Adityanath In 2016 Case Title - Dr. Ayub v. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20301 of 2021] Case Citation: 2022 LiveLaw (AB) 222 The High Court granted anticipatory bail to the National President of Peace Party, Dr. Ayub in a 2016 case registered against him for his alleged statement made at a public rally, threatening to kill the then Member Of Parliament from Gorakhpur and presently, the Chief Minister of Uttar Pradesh, Yogi Adityanath. The case against Dr. Ayub was registered at the instance of the President of Hindu Yuva Vahini Sangathan alleging that from a public platform, Dr. Ayub had abused the then MP Yogi Adityanath by saying that he was a terrorist and would kill him wherever he had been found and would capture the Gorakhnath Temple. "No Indian Lady Can Share Her Husband": Allahabad High Court Refuses To Discharge Man Accused Of Abetting Wife's Suicide Case title - Sushil Kumar And 6 Others v. State of U.P. and Another [CRIMINAL REVISION No. - 1092 of 2022] Case Citation: 2022 LiveLaw (AB) 223 The High Court upheld an order of the Trial Court dismissing a discharge application filed by a man who has been accused of abetting wife's suicide. The wife had died by suicide allegedly on account of the fact that without divorcing her, her husband was going to marry another lady. Stressing that an Indian lady can't share her husband at any cost, the Bench of Justice Rahul Chaturvedi observed thus while dismissing the revision plea filed by the Husband: "They (Indian wives) are literally possessive about their husband. It would be biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady. In such awkward situation, it would be impossible to expect any sanity from them. Exactly, same thing happen in this case too, where soon after coming to know that her husband got married in clandestine way with some other lady, by itself is more than sufficient reason to commit suicide." "Heinous Crime Accused Can't Complain Of Violation Of Article 21 When He Isn't Cooperating In Trial": Allahabad HC Denies Bail Case title - Suresh Yadav Opposite Party :- State Of U.P. Thru Addl.Chief Secy Deptt. Of Home Case Title - 2022 LiveLaw (AB) 224 The High Court observed that a heinous crime accused can not complain of the violation of Article 21 of the Constitution of India when he himself is not cooperating in the early conclusion of the trial. Denying bail to Suresh Yadav, the prime accused in the 2019 Raebareli-Aditya Murder Case, the bench of Justice Dinesh Kumar Singh further opined thus: "When the accused are not cooperating in the trial and the accused-applicant is accused of heinous offence of a gruesome murder of a young man in a most dastardly manner, this Court does not find that it is fit case where the accused-applicant should be enlarged on bail." Proceedings U/S 145 CrPC Has To Be Discontinued If Civil Suit For Possession Or Declaration Of Title Of Same Property Is Pending: Allahabad HC Case title - Jitendra Kumar v. Anil Kumar And Another [CRIMINAL REVISION No. - 431 of 2000] Case Citation: 2022 LiveLaw (AB) 225 The High Court (Lucknow Bench) has observed that where a civil suit for possession or declaration of the title in respect of the same property is pending, the proceedings under Section 145 CrPC are liable to be discontinued. The Bench of Justice Karunesh Singh Pawar also ruled that a Magistrate exercising jurisdiction under Section 145 CrPC cannot withdraw the proceedings upon the application given by a party to it, rather, it can do so...

Allahabad High Court Weekly Round Up: May 2 To May 8, 2022

Sparsh Upadhyay

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