Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments]

As the year 2021 is coming to an end, LiveLaw brings to you a yearly Round-up of important updates from the Allahabad High Court. This yearly digest includes 250 orders and judgments, divided into 22 different subject heads.Criminal Law Cases1.Anticipatory Bail Matters Concern Liberty Of Citizens and Required to be Given Priority: Allahabad High Court Directs State To Ensure 'Proper Assistance' [ Pawan Kumar Yadav And Anr. v. State Of U.P. And Anr. ] While noting that the Anticipatory Bail matters are 'serious' in nature and are required to be taken up on priority, as they concern the liberty of citizens of the country, the Allahabad High Court recently observed, "It is found in large number of cases, that the Investigating Officer/Circle Officer do not take them with the seriousness required, repeatedly time is sought for instructions/counter affidavit or placing the relevant record before the Court."2.Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court [Waseem Haider v. State of UP & Ors.] The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. "A complainant has statutorily engrafted remedies to ensure that his complaint is taken to its logical end. Thus, he must first exhaust said remedies and cannot invoke extra-ordinary writ remedy as a matter of course, even when crime is not registered and there is no progress in the investigation," observed a Division Bench comprising of Justices Chandra Dhari Singh and Ramesh Sinha. 3.Expunging Remarks-While Hearing Appeal Sessions Judge Has No Jurisdiction To Judge The Judicial Officer Who Authored The Judgment: Allahabad High Court The Allahabad High Court recently in one of its orders has observed that 'sobriety, moderation and reserve are the greatest qualities of a judicial officer and he/she should never be divorced from them.' The Bench of Justice Alok Mathur was hearing an application filed by a Judicial Magistrate who has prayed before the Court to quash the remarks made against him by the Sessions Judge, Hardoi while setting aside his judgment in a Criminal Case No. 909/2019 [State v. Yamohan Singh]. 4.Section 41A CrPC: Allahabad High Court Issues Slew Of Direction To Ensure Compliance Of Safeguards From Arbitrary Arrest In 498A Cases [Vimal Kumar & Ors. v. State of UP & Ors.] In a significant judgment, the Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases (498A IPC), and strictly comply with the pre-conditions laid down under Section 41A of CrPC. The High Court further directed all Magistrates to report the names of such police officers who they think make arrests in a mechanical or mala fide manner, so that appropriate action may be taken against them. 5.'Arbitrary & Illegal Submission Of Challan Reports Under Sections 107/116 CrPC': Allahabad High Court Pulls Up UP Govt. [Shiv Kumar Verma And Another v. State Of U.P. And 3 Others] The Allahabad High Court last week pulled up the Uttar Pradesh Government as the SDM, Varanasi, acted "arbitrarily and illegally" in detaining two persons for breach of peace. The Bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed was hearing the plea of Shiv Kumar Verma & Another seeking compensation in lieu of illegal detention from 12th October 2020 to 21st October 2020 under Section 151, 107 and 116 Cr.P.C., Police Station Rohania, District Varanasi. After briefly noting the facts of the case, the Court observed, "It stands admitted that the police authorities are arbitrarily and illegally submitting Challani Reports under Sections 107/116 Cr.P.C." 6.Commuting Life Sentence- Revaluate Cases For Remission After 14 Years Of Incarceration Even If Appeals Pending: Allahabad HC Directs UP Govt. [Vishnu v. State of U.P.] Expressing its displeasure over the fact that even after 14 years of incarceration, the State did not think of exercising its power of commuting life sentence of an accused, the Allahabad High Court last month directed the Uttar Pradesh Government to revaluate cases for remission after 14 years of incarceration (even if appeals are pending before the High Court). The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary also directed the Registrar General to place the matter before the Chief Justice so that it could be ensured that those who are in jail for more than 10 or 14 years get their appeal heard which are mainly jail appeals. 7.Abetment To Suicide Charge ...

Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments]

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