Allahabad High Court Weekly Round-Up: October 17 To October 23, 2022

NOMINAL INDEX Amarjeet v. State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home, Lko. Lko. And 4 Others 2022 LiveLaw (AB) 466 Flipkart Internet Private Limited v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 467 State of U.P. v. Govind Pasi along with a connected appeal 2022 LiveLaw (AB) 468 Sujit & Ors. v. State & Ors. 2022 LiveLaw (AB) 469 Naresh Kumar Valmiki v. State of U.P. and others along with connected matters 2022 LiveLaw (AB) 470 Sanjeev @ Kallu Sethiya v. State of U.P. 2022 LiveLaw (AB) 471 Sandeep Kumar And Another v. State Of U.P. And 9 Others 2022 LiveLaw (AB) 472 Lal Bihari Yadav v. Chairman/Sabhapati U.P. Legislative Council Vidhan Bhawan Lko & another 2022 LiveLaw (AB) 473 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Grants Pre-Arrest Bail To Rape Accused Till Completion Of Probe As He Marries Victim Case title – Amarjeet v. State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home, Lko. Lko. And 4 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1687 of 2022] Case Citation: 2022 LiveLaw (AB) 466 The Allahabad High Court has granted pre-arrest bail to a Rape accused till the completion of the investigation or till the filing of the police report/charge sheet. The bench of Justice Rajesh Singh Chauhan granted relief to the accused as it noted that both, the victim and accused have married each other and are living happily as husband and wife. "Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the material available on record, the contents and allegations of the F.I.R., the undisputed fact by the parties that the applicant and the prosecutrix got married and are living happily together, the investigation is going on and the undertaking of the present applicant that he shall co-operate with the investigation and shall never misuse the liberty of anticipatory bail, I find it appropriate that liberty of the present application may be protected till completion of the investigation or till filing of the police report/ charge-sheet under Section 173 (2) Cr.P.C," the Court remarked. Online Marketplaces Exempted From Liability U/S 79 IT Act: Allahabad HC Grants Relief To Flipkart In Product Discrepancy Case Case title - Flipkart Internet Private Limited v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 3487 of 2019] Case citation: 2022 LiveLaw (AB) 467 Taking into account the mandate of Section 79 of the IT Act, 2000, the Allahabad High Court recently granted relief to online Marketplace Flipkart in connection with a case wherein a laptop with a different company processor was delivered to the customer by the seller listed on the Flipkart. For context, Section 79 of the IT Act, 2000 exempts the liability of intermediaries (like online marketplaces such as Flipkart) in certain cases. The provision states that an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by it. However, the provision will not apply if the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act. "Convict's Wife, Children Dependent Upon Him": Allahabad HC Commutes Death Penalty To Life Term In Minor's Rape-Murder Case Case title - State of U.P. v. Govind Pasi along with a connected appeal Case citation: 2022 LiveLaw (AB) 468 The Allahabad High Court commuted the death penalty awarded to a rape and murder convict by the trial court to life imprisonment as it noted that the convict was of 20 years of age at the time of the commission of the crime in 2013 and now when he is around 29 year old, he has dependents in the form of wife and children. "Convict/appellant was of 20 years of age at the time of the commission of crime now he has dependents in the form of wife and children. There is no evidence that the accused committed the crime with pre-planning or pre-ponderance. There is no evidence on record that there is no possibility of improvement in the conduct of the accused. No such evidence is adduced in the trial court that the accused is a hardened criminal. No criminal history of the appellant is stated during the trial," the bench of Justice Ramesh Sinha and Justice Renu Agarwal as it affirmed the conviction of the appellant while setting aside the death penalty of the appellant awarded by the trial court and converting the same to Life Term. Article 243Q | Governor's Power To Specify Municipality's Transitional Area Circumscribed By Statutory Stipulations: Allahabad High Court Case Title: Sujit & Ors. v. State & Ors. Citation: The Allahabad High Court has made it clear that the Governor's power under Article 243Q of the Constitution, with respect to specifying transitional area of a Nagar Panchayat, is circumscribed by ...

Allahabad High Court Weekly Round-Up: October 17 To October 23, 2022

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