Allahabad High Court Weekly Round-Up: November 14 To November 20, 2022

NOMINAL INDEX Sagar v. State Of UP 2022 LiveLaw (AB) 489 Raheem v. State of U.P. 2022 LiveLaw (AB) 490 Om Prakash v. State of U.P. 2022 LiveLaw (AB) 491 Dr. M Ismail Faruqui v. Shri Adityanath 2022 LiveLaw (AB) 492 Raj Bahadur Singh v. State of U.P. 2022 LiveLaw (AB) 493 Kailash Jaiswal v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 494 Anurag Singh Bhadouriya (in FIR Anurag Bhadouriya) v. State Of UP. Thru Addl. Chief Secy/Prin. Secy. Home Civil Secrett Lko and Others 2022 LiveLaw (AB) 495 Sameer Khan v. State of U.P. 2022 LiveLaw (AB) 496 ORDERS/JUDGMENTS OF THE WEEK "No Incriminating Evidence Available" : Allahabad HC Acquits Man Convicted U/S 304 (I) IPC Who Spent Over 9 Years In Jail Case Title - Sagar v. State Of UP Case Citation: 2022 LiveLaw (AB) 489 The Allahabad High Court has acquitted a man convicted under Section 304 of the IPC and sentenced to life imprisonment under Section 304 (I) of the IPC for committing culpable homicide not amounting to murder in 2011. The accused in the case spent more than 10 years in jail. The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Nalin Kumar Srivastava noted that no incriminating circumstances were available against the accused and merely on the basis of last-seen evidence, the accused could not have been convicted. Allahabad High Court Grants Bail To Man Accused Of Placing Remains Of Dead Cow Progeny In A Temple Case title - Raheem v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 50808 of 2022] Case Citation: 2022 LiveLaw (AB) 490 The Allahabad High Court granted bail to a man accused of placing the remains of a dead cow progeny in a temple so as to hurt the religious sentiments of the public. The bench of Justice Surendra Singh-I granted bail to Raheem who was arrested on July 17 after being booked under Sections 153, 153A, 295, 295A, 120-B, 34 IPC, and Section 3/5/8 of UP Prevention of Cow Slaughter Act. The FIR in the case was lodged by a Sub-Inspector working with the UP police, who got a piece of information on July 16, 2022, that in a Shiv Temple situated in his area, some unknown person had put the remains of a dead cow progeny to hurt the religious sentiments of the public. Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence Case title - Om Prakash v. State of U.P. [CRIMINAL APPEAL No. - 2097 of 1982] Case Citation: 2022 LiveLaw (AB) 491 The Allahabad High Court on Tuesday upheld the conviction of a man who raped a 10-year-old girl 43 years ago (in the year 1979) after finding the testimony of the victim to be reliable. The convict, presently on bail, has been directed to be sent to jail to serve the remaining sentence. The bench of Justice Samit Gopal also observed that the age of the accused cannot be a ground to extend any benefit to him in the crime committed by him. With this, the Court dismissed the appeal filed by the convict against the judgment and order of the trial court sentencing him to undergo 6 years of imprisonment. Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost Case title - Dr. M Ismail Faruqui v. Shri Adityanath [WRIT - C No. - 7524 of 2022] Case Citation: 2022 LiveLaw (AB) 492 The Allahabad High Court dismissed a plea questioning continuance of Yogi Adityanath as the Chief Minister of State of Uttar Pradesh. The Cout also imposed ₹11K costs on the petitioner, Dr. M. Ismail Faruqui for filing a 'misconceived' and 'frivolous' petition. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla also slammed the petitioner for filing the instant petition despite the fact that an identical petition filed by him was dismissed by the Court as withdrawn in August this year. Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court Case title - Raj Bahadur Singh v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION 438 CR.P.C. No. - 8376 of 2022] Case Citation: 2022 LiveLaw (AB) 493 Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court said that the second and successive anticipatory bail application is not maintainable. The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC (provision governing regular bail pleas), which flows from Article 21 of the Constitution of India, Section 438 of CrPC is merely a statutory right and the power to grant anticipatory bail does not flow from Article 21 of the Constitution. "No Respect For Rule Of Law": Allahabad HC Imposes ₹5Lakh Cost On Gorakhpur DM For Launching 'Malicious' Goonda Act Proceedings Case title - Kailash Jaiswal v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 10241...

Allahabad High Court Weekly Round-Up: November 14 To November 20, 2022

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