High Courts Weekly Roundup [September 13, 2021 To September 19, 2021]

Allahabad High Court Direct Investigating Officers To Complete Probe In Rape Cases Within 2 Months As Per S. 173 CrPC: Allahabad High Court Directs UP Govt To Issue Circular [Mahendra Pratap Singh v State Of U.P. Through Secretary (Home) And 2 Others] Dealing with the case of the death of a 16-year-old girl from Mainpuri, the High Court asked the Uttar Pradesh government as to whether it has issued an order directing the investigating officers to comply with Section 173 of CrPC mandating the completion of investigation of sexual offences within a time frame If circular/direction has not been issued to date, the Court directed, then immediately an order be issued. Related News: "Explain The Delay In Investigation": Allahabad High Court To Uttar Pradesh DGP, SIT Team In 16-Yr-Old Girl's Death Case "Man Willing To Marry Prosecutrix If She Converts Religion, No False Promise To Marry": Allahabad High Court Grants Bail To Rape Accused [Javed Alam v. State of Uttar Pradesh] The High Court granted bail to one Javed Alam who has been accused of establishing physical relations with the victim on the false promise of marriage while noting that he is willing to marry the victim if she converts her religions. The Bench of Justice Alok Mathur was hearing the bail plea of Alam against whom an FIR has been lodged by the father of the victim woman alleging that he had put a condition on her that she should convert her religion and only then he will marry her and therefore, FIR was registered under Section 376 IPC Allahabad High Court Grants Bail To Man Booked For 'Propagating' The Concept Of Islamic State [Mohammad Rashid Khan v. State of U.P.] The High Court granted bail to one, Mohammad Rashid Khan, who has been booked for 'propagating' the concept of Islamic State and instigating people to instigate the persons to indulge in violence and other anti-national activities. The Bench of Justice Vivek Kumar Singh granted him bail looking into the nature of the accusation, the severity of punishment in case of conviction, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India. Fracture Of Hyoid Bone Often Found In Strangulation Cases & Not In Suicide Cases: Allahabad HC Dismisses Murder Convict's Appeal [Dharmendra Nishad v. State of U.P.] The High Court dismissed an appeal filed by a Murder convict who killed his own wife by strangulation inside the privacy of the house (in the bedroom) where the deceased/wife was along with the appellant/husband. The Bench of Justice Pritinker Diwaker and Justice Manju Rani Chauhan perused the post-mortem report of the deceased and noted that it clearly indicated that the instant case was not a case of suicide, but was a case of murder. Noise Pollution Through Modified Silencers- "Pained To See Half-Hearted Efforts Of State": Allahabad HC Calls For 'A Visible Change' [Noise Pollution Thru Modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.] Dealing with the suo moto matter regarding Noise pollution through the modified silencers, the High Court noted that only half-hearted efforts have been made by the state authorities to control the noise pollution. The Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin expressed a hope to see a visible change in the noise pollution by the next date of listing (September 22), failing which, the Court added, it may be compelled to summon the senior officials for having failed to adhere to the specific rules for checking noise pollution. Adults Have Right Of Choice Of Their Matrimonial Partner Irrespective Of Religion Professed By Them: Allahabad High Court [Shifa Hasan And Another v. State of Uttar Pradesh & Ors.] The High Court observed that it cannot be disputed that two adults have the right of choice of their matrimonial partner irrespective of the religion professed by them. The Bench of Justice Deepak Verma and Justice Manoj Kumar Gupta observed thus in a plea filed by one Shifa Hasan (19-year-old) and her male partner (24-year-old) who claimed to be in love with each other and submitted that they are living together out of their sweet will. Also Read: Advocate Files PIL Seeking Asylum For Afghanistan SC Judge As Her 'Next Friend': Allahabad HC Dismisses It With 10K Cost "Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital [Rahul Yadav v. State Of U.P. And 4 Others] Dealing with the Habeas Corpus plea seeking the tracing of an 82-year-old COVID Patient who went missing from TB Sapru Hospital in Prayagraj, the High Court directed for the further tracing of the corpus and observed that its primary concern in the instant plea was tracing of the corpus. The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal also noted...

High Courts Weekly Roundup [September 13, 2021 To September 19, 2021]

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