Allahabad High Court
Criminal Appeal Can't Be Dismissed For Default; Court Obliged To Appoint Amicus Curiae If Accused Unrepresented: Allahabad HCÂ
The Allahabad High Court has reiterated that a criminal appeal can't be dismissed merely because of non-representation or default of the advocate for the accused and that in such circumstances, the court is obliged to appoint an amicus curiae and decide the matter on merits rather than dismissing it for non-representation.A bench of Justice Abdul Shahid observed that the dismissal of a criminal appeal in default on account of the absence of counsel for the appellant-accused is against the...
'Widespread Corruption Is Disturbing': Allahabad High Court Orders FIR Against Man, Officials For 'Manipulating' DOB By 11 Years
Taking stern action over the alleged forgery and cheating pertaining to the manipulation of the Date of Birth by a man, the Allahabad High Court on Monday directed the Prayagraj Commissioner of Police to immediately register an FIR against him and the concerned Gram Panchayat official.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta termed the situation as 'shocking' and remarked that the extent of fabrication of documents was a direct result of “widespread...
'Prima Facie Contempt': High Court Slams UP DGP's Circular Limiting CCTV Storage To 2 Months Despite SC Mandate Of 6-18 Months
The Allahabad High Court (Lucknow Bench) on Tuesday questioned the circular issued by the UP's Director General of Police (DGP), in June last year, which provides for the storage of CCTV footage in police stations across the state only for the last 2 to 2.5 months.A Bench of Justice Abdul Moin and Justice Babita Rani termed the circular as extremely strange and observed that the same was...
Transfer Policy Only A Guiding Factor, Not Enforceable In Law; Can't Direct State To Transfer An Employee: Allahabad High Court
The Allahabad High Court (Lucknow Bench) on Wednesday dismissed a writ petition seeking a direction to the State authorities to transfer a government servant, as it noted that the transfer policy issued by the government is only for guidance and cannot be enforced through a court of law.A Bench of Justice Shekhar B Saraf and Justice Manjive Shukla observed that the transfer and posting...
S.319 CrPC | Can Summon Additional Accused Only On 'Evidence' Recorded In Trial; Case Diary Material Is Irrelevant: Allahabad High Court
The Allahabad High Court recently observed that an additional accused can be summoned under Section 319 CrPC based on the evidence recorded during trial and not on the basis of the materials available in the charge-sheet or the case diary, as they don't constitute evidence.A bench of Justice Chawan Prakash thus dismissed a criminal revision petition seeking to summon the...
Can Additional Chief Standing Counsel Represent A Private Party? Allahabad High Court Seeks Report From State Law Secretary
The Allahabad High Court on Wednesday sought a report from the Principal Secretary (Law) & Legal Remembrancer about the rights and duties of Additional Chief Standing Counsel regarding his appearance on behalf of a private party as a counsel. A bench of Justice Divesh Chandra Samant sought to know about the permissible scope of duties of State Law Officers, specifically whether an...
Allahabad High Court Rejects PIL Seeking Mandatory Upload Of Chargesheets In All Cases On UP Police Website
The Allahabad High Court (Lucknow Bench) has dismissed a Public Interest Litigation (PIL) plea filed in 2020 that sought a directive for the Uttar Pradesh Police to upload every charge sheet on its official website within 24 hours of concluding an investigation.A bench of Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary relied heavily on the Supreme Court's 2024 judgment in Saurav Das...
'Intransigence': Allahabad High Court Summons Top Forest & Horticulture Officials, Imposes ₹40K Costs For Failure To Geo-Tag Trees
Taking a grim view of the 'apathy' and 'intransigence' displayed by State officials in a Public Interest Litigation (PIL) plea filed in 2013, the Allahabad High Court (Lucknow Bench) on Monday summoned top Government officials, including the Additional Chief Secretary (Forest) and the Principal Secretary (Horticulture), to appear in person.A bench of Justice Rajan Roy and Justice Abdhesh...
'His Right To Earn Livelihood Can't Be Curtailed': Allahabad HC Suspends Conviction, LI Of Govt Servant In Minor Daughter Rape Case
The Allahabad High Court recently suspended the conviction and sentence of a government servant (Lekhpal) accused of sexually assaulting his 16-year-old daughter, observing that his right to earn his livelihood for survival cannot be curtailed merely because of his implication in the case. A bench of Justice Siddharth and Justice Prashant Mishra-I also noted that the appeal is of...
Allahabad High Court Grants ₹1 Lakh Cost To Woman Illegally Dispossessed Of Her Property; Calls For Disciplinary Action Against Civil Judge
The Allahabad High Court on Monday granted Rs. 1 lakh cost to a lady and her three minor children who were illegally dispossessed of their property. In addition to directing restoration of possession, the Court directed that the order be placed before the Chief Justice for appropriate action against the Civil Judge (Junior Division) who granted an ex-parte ad-interim injunction in favour of...