Allahabad High Court Weekly Round-Up: May 29 To June 04

NOMINAL INDEX Guddu Verma vs. State of UP 2023 LiveLaw (AB) 165 Rani Gaur vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 166 Rajesh vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 167 Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal 2023 LiveLaw (AB) 168 M/S Imagine Fashion Apparels Pvt. Ltd. v Presiding Officer Commercial Court and Anr. 2023 LiveLaw (AB) 169 Md Sameer Rao vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 170 Committee of Management Anjuman Intezamia Masajid Varanasi vs. Smt. Rakhi Singh and others 2023 LiveLaw (AB) 171 Ibran @ Sheru vs. State of U.P. 2023 LiveLaw (AB) 172 Asharam vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 173 Devendra Singh And 4 Others vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 174 Kundan Yadav vs. State of U.P 2023 LiveLaw (AB) 175 Dr. Shiv Sidharth @ Shiv Kumar Bharti vs. State Of U.P And Another 2023 LiveLaw (AB) 176 Mohammad Zaid vs. tate of U.P. and Another along with connected matters 2023 LiveLaw (AB) 177 Azaj Ahmad And Others vs. National Commission For Protection Of Child Rights (Ncpcr) Thru. Its Chairperson And Others 2023 LiveLaw (AB) 178 ORDERS/JUDGMENTS OF THE WEEKSection 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC Case title - Guddu Verma vs. State of UP [CRIMINAL APPEAL No. - 2207 of 2016] Case Citation: 2023 LiveLaw (AB) 165 The Allahabad High Court has observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. The bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad observed thus while allowing the appeal filed by one Guddu Verma who was convicted by the trial court in 2016 for (allegedly) killing his wife in April 1998. Court Has Discretion To Drop NI Act Proceedings Sans Complainant’s Consent If Accused Offers Fair Amount as Compensation: Allahabad HC Case title - Rani Gaur vs. State Of U.P. And 4 Others [CRIMINAL REVISION No. - 2047 of 2023] Case Citation: 2023 LiveLaw (AB) 166 The Allahabad High Court has observed that a Magistrate can drop proceedings against an accused under the Negotiable Instruments Act if he offers a fair and acceptable amount, which, in the opinion of the court is appropriate for duly compensating the complainant. The bench of Justice Jyotsna Sharma observed thus while referring to the Supreme Court’s 2017 ruling in the case of M/s Meters and Instruments Private Limited and Another vs. Kanchan Mehta wherein the top Court had observed that an accused in a case under Section 138 of NI Act can be discharged even without the consent of the complainant if the Court is satisfied that the complainant has been duly compensated. “The Supreme Court did not say that the requirement of consent for compounding may just be done away with. Instead, widening the compensatory aspect of cases filed under Section 138 of the Negotiable Instrument Act, the Apex Court has carved out a window in the existing scheme of things saying that the case can be disposed of without obtaining direct consent of the complainant under certain circumstances. The circumstances included offering an amount fair and acceptable which in the opinion of the court is appropriate for duly compensating the complainant. That is under certain circumstances the court can proceed in the absence of direct consent. The court is empowered to apply its discretion in terms of provisions of Section 258 CrPC,” the Court said. Sexual Assaults On Children On Rise, All Cases Aren't Reported; Offenders Must Be Punished Mercilessly: Allahabad High Court Case title - Rajesh vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10336 of 2022] Case Citation: 2023 LiveLaw (AB) 167 The Allahabad High Court observed that there has been an alarming and shocking increase in sexual offences committed against children. Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus: “…this is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls.” 'Wife Was Murdered Only Because She Strongly Protested Against Their Illicit Relation': Allahabad HC Upholds Conviction Of Husband, His Lover Case title - Jai Kishan @ Bablu vs. State of UP along with a connected criminal appeal Case citation: 2023 LiveLaw (AB) 168 The Allahabad High Court upheld the conviction and sentence of life imprisonment awarded by the trial court to a man, and his lover, who killed his wife after setting her ablaze in 2011...

Allahabad High Court Weekly Round-Up: May 29 To June 04

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Allahabad High Court Weekly Round-Up: May 29 To June 04

Sparsh Upadhyay

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