Allahabad High Court Weekly Round Up: September 19 To September 25, 2022

NOMINAL INDEX Minor Son Of Moolchand Through His Natural Guardian Grandfather Ved Prakash v. State Of U.P. And Another 2022 LiveLaw (AB) 438 State of U.P. v. Ram Autar 2022 LiveLaw (AB) 439 Dr. Meraj Ali And Another v. State of U.P. and Another 2022 LiveLaw (AB) 440 State of U.P. v. Mukhtar Ansari 2022 LiveLaw (AB) 441 Rajiv Kumar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 442 Anurag Dubey (Second bail) v. State Of U.P. Thru. Prin. Secy. Home 2022 LiveLaw (AB) 443 Rudra Dutt Sharma Alias Rudra Singh v. State of U.P. and Another 2022 LiveLaw (AB) 444 Rahul Pandey v. Union Of India And 3 Others 2022 LiveLaw (AB) 445 Orders/Judgments of the Week [JJ Act] Social Investigation Reports Usually Prepared Without Proper Research, Can't Place Much Reliance On Them: Allahabad HC Case title - Minor Son Of Moolchand Through His Natural Guardian Grandfather Ved Prakash v. State Of U.P. And Another [CRIMINAL REVISION No. - 2126 of 2021] Case Citation: 2022 LiveLaw (AB) 438 The Allahabad High Court observed that while denying or granting bail to a juvenile under the Juvenile Justice Act, much reliance can not be placed upon a social background or a social investigation report as they are usually prepared without proper research. "...a social background or a social investigation report may have a very limited purpose to serve. The findings cannot be solely based on such reports, which are more than often very superficial and unscientific. It is common knowledge that social investigation reports are usually prepared in printed formats without proper research. In my opinion, not much reliance can be placed on such half-baked reports," the bench of Justice Jyotsna Sharma remarked as it denied bail to a juvenile accused of committing murder while he was just over 13 years old. Can't Impose Inadequate Sentence On Account Of Lapse Of Sufficient Time: Allahabad HC Awards Life Imprisonment In A 1982 Murder Case Case title - State of U.P. v. Ram Autar [GOVERNMENT APPEAL No. - 2683 of 1983] Case Citation: 2022 LiveLaw (AB) 439 Allowing a government appeal, the Allahabad High Court awarded life imprisonment to a man who had committed a murder in the year 1982. With this, the High Court set aside the acquittal order passed in favor of the accused by the Special Judge, Fatehpur in the year 1983. The Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar emphasized that merely after a lapse of sufficient time coupled with other factors, namely, the age of the accused and his resettlement, if any post acquittal by the trial court, cannot be a ground to bestow any benefit so as to wipe away the aftermath of commission of the crime. Speedy Trial Is A Right Not Only Of Complainant But Accused Also: Allahabad High Court Quashes A 24-Year-Old Criminal Case Case title - Dr. Meraj Ali And Another v. State of U.P. and Another [APPLICATION U/S 482 No. - 11924 of 2022] Case Citation: 2022 LiveLaw (AB) 440 The Allahabad High Court quashed a 24-year-old criminal case as it stressed that a speedy trial is an integral part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution. The bench of Justice Saurabh Shyam Shamshery also expressed its anguish that unnecessary and baseless criminal proceedings are pending for the last many years, as it noted that in the instant case, the criminal proceedings are pending 9 since 1998, i.e., for about 24 years and it has reached only up to the stage of discharge application. Allahabad High Court Sentences Mukhtar Ansari To 7-Year-Jail For Abusing, Intimidating And Threatening A Jailer For His Life In 2003 Case title - State of U.P. v. Mukhtar Ansari [GOVERNMENT APPEAL No. - 780 of 2021] Case Citation: 2022 LiveLaw (AB) 441 The Allahabad High Court sentenced former UP MLA Mukhtar Ansari to 7 years in jail after holding him guilty of intimidating a Jailer who was performing public duty by abusing him and pointing a revolver/pistol toward him, and threatening to kill him in the year 2003 With this, the bench of Justice Dinesh Kumar Singh set aside the acquittal order passed in favor of Ansari by the Special Judge, M.P./M.L.A., Additional Sessions Judge, Lucknow in the year 2020 as it noted that the approach of the trial Court in evaluating the evidence before it was palpably erroneous. "If Husband/Accused Is Convicted Then Victim/Wife's Future Would Be Ruined" : Allahabad High Court Quashes POCSO Case Case title - Rajiv Kumar v. State Of U.P. And 2 Others [APPLICATION 482 No. - 4392 of 2016] Case Citation: 2022 LiveLaw (AB) 442 The Allahabad High Court quashed an FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (who was a minor at the time of the incident) married the applicant/accused out of her own sweet will and is living a happy married life with...

Allahabad High Court Weekly Round Up: September 19 To September 25, 2022

Sparsh Upadhyay

Tags