Allahabad High Court Weekly Round-Up: April 03 To April 09

NOMINAL INDEX M/S Radhika Constructions through its Proprietor Mr. Rakesh Tiwari vs. State Of U.P. Thru. Secy Deptt. Of Geology And Mines Lko. And another 2023 LiveLaw (AB) 114 Jugadi Alias Nijamuddin vs. State Of U.P. Thru. Secy. Home Civil Sect. Lko And Another 2023 LiveLaw (AB) 115 Mohd. Moeed vs. State Of U.P. Thru. Prin. Secy. Home 2023 LiveLaw (AB) 116 Maulana Kaleem Siddiqui Vs. State Of U.P. Thru Prin.Secy. Home 2023 LiveLaw (AB) 117 Asif vs. State of U.P. and Another 2023 LiveLaw (AB) 118 Vikash Agarwal vs. State Of U.P. Thru. Addl. Chief/Prin.Secy. Urban Development Urban Development U.P. Lko. And Others 2023 LiveLaw (AB) 119 Pravin Kumar Singh @ Pravin Kumar And 2 Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another 2023 LiveLaw (AB) 120 XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others 2023 LiveLaw (AB) 121 ORDERS/JUDGMENTS OF THE WEEK State Has A Duty To Obtain & Produce Credible Evidence Regarding Illegal Mining: Allahabad HC Sets Aside DM’s Order Cancelling Mining Lease Case title - M/S Radhika Constructions through its Proprietor Mr. Rakesh Tiwari vs. State Of U.P. Thru. Secy Deptt. Of Geology And Mines Lko. And another Case Citation: 2023 LiveLaw (AB) 114 The Allahabad High Court recently set aside an order of the District Magistrate canceling a mining lease as it observed that the inspection report, upon which the entire case against the petitioner stood, was not supplied to the lessee, which constituted a violation of principles of natural justice. The Court also noted that the inspection report in the case was prepared in a cryptic manner which merely recorded that the petitioner made excavation and extracted minor minerals from the areas outside the mining area, however, no clinching materials were collected against the petitioner. “It is nowhere mentioned when and where the inspection was carried out, who were present during the inspection and most importantly whether the inspection was carried out at the location allotted to the petitioner is also doubtful as the plot is identifiable by G.P.S. Coordinates and there is no mention that G.P.S. Coordinates were used for identification of the plot. These are the essential facts which go to the root of the matter,” the bench of Justice Alok Mathur observed. 'Cow Slaughter Law' Misused; IO Recovered Only Cow Dung From Spot: Allahabad HC Grants Relief To Accused, Says Fair Probe Not Done Case title - Jugadi Alias Nijamuddin vs. State Of U.P. Thru. Secy. Home Civil Sect. Lko And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 182 of 2023] Case Citation: 2023 LiveLaw (AB) 115 The Allahabad High Court granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter. The bench of Justice Mohd. Faiz Alam Khan observed that neither the prohibited animal nor its flesh had been recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung had been collected by the Investigating Officer. Lucknow Terror Conspiracy Case 2021: Allahabad High Court Grants Bail To An Alleged Al-Qaeda Terrorist Case title - Mohd. Moeed vs. State Of U.P. Thru. Prin. Secy. Home Case Citation:2023 LiveLaw (AB) 116 The Allahabad High Court granted bail to an alleged al-Qaeda terrorist who was arrested in 2021 in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the special NIA court had dismissed his bail plea. The bench of Justice Attau Rahman Masood and Justice Saroj Yadav passed this order on the bail plea moved by the accused Mohd. Moeed. Mass Religious Conversion 'Racket' Case| Allahabad High Court Grants Bail To Islamic Scholar Maulana Kaleem Siddiqui Case title - Maulana Kaleem Siddiqui Vs. State Of U.P. Thru Prin.Secy. Home [CRLA/2734/2022] Case Citation: 2023 LiveLaw (AB) 117 The Allahabad High Court granted bail to Islamic scholar Maulana Kaleem Siddiqui who was arrested in September 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of running a mass religious conversion racket in the State and converting the religion of over 1000 people across the state. The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav passed this order on the bail plea moved by Siddiqui ‘Can’t Permit Such Offences To Flourish’: Allahabad HC Denies Relief To Man Accused Of Making Objectionable FB Post Against Lord Shiva Case title - Asif vs. State of U.P. and Another [APPLICATION U/S 482 No. - 10602 of 2023] Case Citation: 2023 LiveLaw (AB) 118 The Allahabad High Court refused to quash criminal proceedings against one Asif accused of making objectionable remarks ...

Allahabad High Court Weekly Round-Up: April 03 To April 09

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