Allahabad High Court Weekly Roundup: June 17 - June 23, 2024

NOMINAL INDEXState Of UP vs. Sughar Singh and others 2024 LiveLaw (AB) 395 Ashish Kumar Tiwari @ Rahul And 27 Others vs. State Of U.P. Thru. A.C.S/Prin. Secy. Deptt. Home Govt. Lko. And Another 2024 LiveLaw (AB) 396 Ruksar vs. State Of Up And 3 Others 2024 LiveLaw (AB) 397 Aman Pathak v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 398 Sanjay Kumar and 3 Ors. v. District Basic Education Officer, Jaunpur and 2 Ors. 2024 LiveLaw (AB) 399 Ayushi Patel vs. Union Of India Thru. Secy., Ministry Education/ Deptt. Of Higher Education, New Delhi And Another 2024 LiveLaw (AB) 400 Prem Chand v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 401 Rajveer Singh vs. State of U.P 2024 LiveLaw (AB) 402 X Juvenile vs. State of U.P. and Another 2024 LiveLaw (AB) 403 Indra Pal vs. State 2024 LiveLaw (AB) 404 Usha vs. State of U.P. and Another along with connected matters 2024 LiveLaw (AB) 405 Roshan Lal Alias Roshan Rajbhar And Others vs. State of U.P. and Another 2024 LiveLaw (AB) 406 State of U.P. vs. Kailash Nath 2024 LiveLaw (AB) 407 Baijnath Prasad Sah Kanoo vs. Union Of India Thru. Intelligence Officer Directorate Revenue Intelligence Lko and connected matters 2024 LiveLaw (AB) 408 Monu Sharma @ Monu Pandit vs. State of U.P. 2024 LiveLaw (AB) 409ORDERS/JUDGMENTS OF THE WEEK1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused Case title - State Of UP vs. Sughar Singh and others 2024 LiveLaw (AB) 395 Case Citation: 2024 LiveLaw (AB) 395 The Allahabad High Court upheld the acquittal of the 3 accused in a 1982 murder case, noting that the faulty investigation in the matter had cast a serious dent in the entire prosecution case. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad also noted several contradictions in the testimonies of P.W.-1 and P.W.-2, which, according to the Court, raised a “big question” about the genesis of the entire prosecution case. Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC Case title - Ashish Kumar Tiwari @ Rahul And 27 Others vs. State Of U.P. Thru. A.C.S/Prin. Secy. Deptt. Home Govt. Lko. And Another 2024 LiveLaw (AB) 396 Case citation: 2024 LiveLaw (AB) 396 The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. Referring to the provision under sub Section (2) of Section 155 of CrPC, a bench of Justice Shamim Ahmed noted that asking permission of the Court to investigate a non-cognizable offence is mandatory in nature, and if such permission isn't taken, merely accepting the charge sheet by the Magistrate and taking the cognisance of the offence does not validate the proceeding. UP Anti-Conversion Law Won't Achieve Its Purpose If Prosecutions Under 2021 Act Are Frequently Interfered With: Allahabad HC Case title - Ruksar vs. State Of Up And 3 Others 2024 LiveLaw (AB) 397 Case citation: 2024 LiveLaw (AB) 397 The Allahabad High Court has observed that the UP Anti-Conversion Law, enacted in 2021, will fail to achieve its intended purpose if the courts frequently interfere with prosecutions under the Act at their initial stage. Emphasizing that such interferences, especially at the initial stages of legal proceedings, could undermine the effectiveness of the law, a bench of Justice JJ Munir and Justice Arun Kumar Singh Deshwal remarked thus: “The Act of 2021 is a new statute which has been enacted by the legislature to curtail a prevailing malady in society. If there is frequent interference with prosecutions at the initial stage under the Act of 2021, the legislation which is still young and designed to curtail a mischief in society that is rife it would be bogged down and fail to achieve its purpose.” Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ Case Title: Aman Pathak v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 398 [WRIT - A No. - 15485 of 2023] Case citation: 2024 LiveLaw (AB) 398 While dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. Sadly, they often do.” The Court observed that the Authorities, in the case of the petitioner, had passed the order rejecting the application for compassionate appointment only after show cause notice had been issued by the Court. The Court remarked that often when judicial orders are issued to administrative authorities, they might forget to do their duty and want to teach...

Allahabad High Court Weekly Roundup: June 17 - June 23, 2024

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