High Courts Weekly Roundup [December 6, 2021 To December 12, 2021]

Allahabad High Court1. NCR Pollution: Allahabad HC Issues Contempt Notice To DMs Of Two UP Districts Over Failure To Shut Down Brick Kilns [Sohanveer v. Shri Chandra Prakash Singh]The High Court issued a contempt notice against the District Magistrates of two districts of Uttar Pradesh, Gautam Budh Nagar and Bulandshahr in relation to non-compliance with the Court's order to shut down all brick kilns in the NCR to control pollution. The Bench of Justice Abdul Moin issued notice to Chandra Prakash Singh, District Magistrate Bulandshahr and Suhas Lalinakere Yathiraj, District Magistrate Gautam Budh Nagar over their failure to shut down all brick kilns in their respective districts.2. 'Victim Of Rape Cannot Be Compelled To Undergo DNA Test': Allahabad High Court In POCSO Case [Gulafsa Begum v. State of U.P.]The High Court has ruled that a victim of rape cannot be compelled to undergo DNA test to determine the paternity of her child. The Court was adjudicating upon a revision petition challenging the order dated June 25, 2021 of the Additional Sessions Judge, Sultanpur wherein such a DNA test was allowed to be conducted. Justice Sangeeta Chandra observed with dismay that the concerned Additional Sessions Judge had 'misdirected his energies' as the question in consideration before him was not whether the child born to the victim was the child of the accused (opposite party 2) but whether the offence of rape had been committed by the accused. 3. Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC [Virendra Kumar Sharma v. State of U.P. and Another]The High Court observed that in a cheque bounce case for insufficient funds (Section 138 Negotiable Instruments Act), even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court. The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under Sections 200 and 202 Cr.P.C. and that there won't be any illegality if the accused is summoned on the basis of an affidavit filed on behalf of the complainant.4. Can't Withhold Passport Application Merely On Account Of Pendency Of Govt Appeal Against Acquittal Order: Allahabad High Court [Pramod Kumar Rajbhar v. State Of U P And 2 Others]The High Court has observed that a person's application for issuance of a passport cannot be withheld merely on account of the pendency of a Government Appeal against acquittal order. The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan further clarified that so long as the order of acquittal (in connection with a criminal case) remains, the petitioner's innocence would be presumed.5. Mirzapur Web-Series: Allahabad High Court Quashes FIR Against Makers, Directors & WritersThe High Court quashed the First Information Report (FIR) registered against Web Series Mirzapur's producers Farhan Akhtar and Ritesh Sidhwani in a case registered against them alleging that the series showed Uttar Pradesh in a "bad light". A Bench of Justice MC Tripathi and Justice Subhash Vidyarthi also quashed the FIR against 'Mirzapur Series' Directors and Writers namely Karan Anshuman, Gurmeet Singh, Puneet Krishna, and Vineet Krishna.6. "Improper Examination U/S 313 CrPC Caused Serious Prejudice": Allahabad HC Acquits Murder Accused In Prison For Over 30 Yrs [Ishaque v. State of U.P]Holding that improper examination of a murder accused under Section 313 CrPC had caused serious prejudice to him and had resulted in miscarriage of justice, the Allahabad High Court recently acquitted the man (who remained in prison for over 30 years) of murder charges.The Judgment by Justice Manoj Misra and Justice Sameer Jain came in an appeal filed by a Bangladesh National, Ishaque against his conviction order passed by Additional District & Sessions Judge, Ghaziabad in June 1996 for the offences punishable under Sections 302 I.P.C. and section 4/25 Arms Act.7. Man Allegedly Asks Muslims 'To Take Revenge If SC Gives Ayodhya Ruling In Favour Of One Community': Allahabad HC Grants Him Relief [Muhammad Saghir Khan v. State Of U.P. Thru. Prin. Secy. Home Deptt.Lko.& Ors.]The High Court granted protection from arrest to a man who allegedly delivered a speech asking the Muslim youths to take revenge in their own way if the Supreme Court pronounces 'Ram Mandir Judgment in favor of one community'. The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav noted that the speech rendered by the petitioner does not reflect or appeal to the youth to indulge in any criminal act by rebelling or by using violence.8. Article 233- Judicial Officers Can't Apply & Compete For Direct Recruitment To Post Of District Judges: Allahabad High Court [Shashank Singh And 4 Others v. Honble High Court Of Judicature At Allahabad And Another]The High Court held that under Article 233 of the Constitution of India, a Judicial Officer, regardless of his or her ...

High Courts Weekly Roundup [December 6, 2021 To December 12, 2021]

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