Allahabad High Court Weekly Round-Up: October 31 To November 6, 2022

Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others 2022 LiveLaw (AB) 478

Gomti Devi v. State Of U.P. And 2 Ors. 2022 LiveLaw (AB) 479

State Of U.P. v. M/S Maa Vindhyavasini Tobacco Pvt Ltd 2022 LiveLaw (AB) 480

In re v. 2022 LiveLaw (AB) 481

Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil Sectt. Lko. And 6 Others 2022 LiveLaw (AB) 482

Arti Devi v. State of U.P. and Another 2022 LiveLaw (AB) 483

Haseen Alias Ishu v. State of U.P 2022 LiveLaw (AB) 484

Orders/Judgments of the Week

Allahabad High Court Rejects Prayer Of Murder Accused To Conduct Their Own, Complainant's NARCO Analysis Test

Case title - Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 7559 of 2022]

Case Citation: 2022 LiveLaw (AB) 478

The Allahabad High Court rejected the prayer of certain murder accused who sought a brain mapping test/NARCO/lie detector test upon themselves as well as the complainant so as to contract out the truth of the case.

The bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori however, clarified that if the Investigating Officer, on his own, decides to get the said tests conducted, then he can get the test conducted subject to the consent of the accused.

[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC

Case title - Gomti Devi v. State Of U.P. And 2 Ors. [WRIT - A No. - 17078 of 2015]

Case Citation: 2022 LiveLaw (AB) 479

The Allahabad High Court observed that the marriage of an individual is no ground to deny him/her a compassionate appointment as entering into a marital relationship doesn't raise a presumption that a person is financially stable.

With this, the bench of Justice Vikram D. Chauhan set aside an order of the DIG (Establishment) Police Head Quarter, U.P denying compassionate appointment to the younger son of a UP Police constable who died during his service tenure.

Demand Of Tax and penalty can't be imposed on the basis of conjecture : Allahabad High Court

Case Title: State Of U.P. Versus M/S Maa Vindhyavasini Tobacco Pvt Ltd

Citation: 2022 LiveLaw (AB) 480

The Allahabad High Court has held that the demand for tax and penalty cannot be imposed on the basis of conjecture and surmise, especially in cases where the goods were accompanied by a tax invoice and E-way bill.

The single bench of Justice Pankaj Bhatia has observed, "As the respondent has not approached for availing of the benefits that flow from Section 129, coupled with the fact that the appellate authority found that the basis for initiating proceedings was non-existent, I do not see any reason to interfere with the order passed by the appellate authority in the exercise of powers under Section 226 of the Constitution of India."

Allahabad High Court Closes Contempt Proceedings Against Lawyer After He Tendered Apology For Dispurting Court's Work

Case Title - In re v.

Case Citation: 2022 LiveLaw (AB) 481

The Allahabad High Court closed contempt proceedings against an advocate who disrupted the working of the High Court on October 21 after the bench asked him to make changes to the cause title and hide the name of the juvenile/child in conflict with the law (the revisionist in the case).

The proceedings were dropped by a division bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad after the contemnor (Advocate Sunil Kumar) tendered his unconditional apology orally as well as in writing.

Levana Suites Fire | "Form Panel, Probe Grant Of Licenses, NOCs; Proceed Against Responsible Officers": Allahabad HC Directs UP Govt

Case title - Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil Sectt. Lko. And 6 Others [WRIT - A No. - 6870 of 2022]

Case Citation: 2022 LiveLaw (AB) 482

The Allahabad High Court on Wednesday directed the Uttar Pradesh Government to constitute a high-powered committee to inquire as to how NOCs and licenses were granted to the Hotel Levana Suites, where a major fire incident took 5 lives on September 5, without properly verifying the eligibility of the hotel to obtain such licenses/NOCs.

It may be noted that on September 09, 2022, a major fire engulfed the hotel Levana Suites, situated in a posh locality of the city of Lucknow and after several hours of persistent efforts of the rescue teams, the fire in the hotel was doused.

POCSO Act | 13 Y/O Boy's Assertion That Accused Did 'Gandi Harkat' Is Sufficient To Issue Process U/S 204 CrPC: Allahabad HC

Case title - Arti Devi v. State of U.P. and Another [APPLICATION U/S 482 No. - 9242 of 2022]

Case Citation: 2022 LiveLaw (AB) 483

The Allahabad High Court has observed that the statement of the 13-year-old boy that the applicant has committed an act being 'Gandi Harkat' (loosely translated as Dirty Act) would be prima facie sufficient ground to summon the accused (a lady in this case) as per Section 204 CrPC.

The bench of Justice Saurabh Shyam Shamshery further clarified that such an act, if the commission of the same is proved in the trial, could amount to an offence under Sections 7 and 8 of the POCSO Act as even touching a private part of a child with sexual intent may fall under 'sexual assault' under Section 7 of POCSO Act.

Allahabad High Court Grants Bail To Alleged Anti-CAA Protester Who Spent Over 26 Months In Jail

Case title - Haseen Alias Ishu v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 35291 of 2020]

Case Citation: 2022 LiveLaw (AB) 484

The Allahabad High Court granted bail to an alleged Anti-CAA Protesters, 26 months after he was arrested by Kanpur police. The bench of Justice Manish Mathur observed that the accused had not been named in the FIR and there was no evidence on record to indicate that he was a part of mob which particiapted in the protest.

The Court was essentially dealing with the bail plea of one Haseen Alias Ishu, who was in jail since August 22, 2020 for allegedly participating in the ruckus which took place on December 20, 2019 at Kanpur Nagar against the implementation of the Citizen Amendment Act in which people lost lives due to indiscriminate firing caused by the assailants and by the police.

Other updates from the High Court

Senior Bureaucrats Of Uttar Pradesh Govt Taking No Action, Keeping Matters Pending On Judicial Infrastructure: Allahabad High Court 7 Judges Bench

Case title - In Re .....Petitioner v. Zila Adhivakta Sangh Allahabad

Observing that no action was being taken by Uttar Pradesh government's senior bureaucrats despite its repeated orders regarding serious issues of infrastructure in state's courts, the Allahabad High Court in a stern order has said none else than Chief Secretary will file his affidavit in the matter and a senior officer of the State will remain present in the court to assist the Advocate General whenever the case is listed.

"We may record that number of issues have been pointed to the senior bureaucrats of the State including the Chief Secretary in different meetings on the administrative side to which no satisfactory response has been received. All these issues are well within the knowledge of the State bureaucrats on which no action has been taken despite seeking time and the matters have been kept pending as a result of which there is no improvement in infrastructural facilitiies available in the Courts, besides shortage of staff," a full bench of the high court said in the order dated November 4.