'Helpless Girl' Allegedly Murdered By Own Family: Allahabad High Court Denies Anticipatory Bail To Aunt, Uncle In 'Honour Killing' Case

The Allahabad High Court last week refused anticipatory bail to the aunt (bua) and uncle (fufa) of a woman allegedly murdered in an 'honour killing' in Agra, observing that the case involved serious allegations and that the applicants' custodial interrogation was necessary to unearth the truth.The Court also noted that the applicants had allegedly remained absconding for the past 7 months...

Allahabad High Court Bars New Construction, Restricts Vehicle Movement Inside Prayagraj's Chandra Shekhar Azad Park

The Allahabad High Court has barred any kind of construction activity, whether temporary or permanent, inside Prayagraj's Company Bagh, also known as Chandra Shekhar Azad Park, without the leave of the Court.The Court has also restricted vehicle movement and parking within the park pending consideration of a Public Interest Litigation (PIL) plea challenging the proposed construction of a...

How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure

The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...

Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze

The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...

Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case

The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...

Disputed Signatures On Photocopy Can't Be Sent For Handwriting Examination Without Original Document: Allahabad High Court

The Allahabad High Court has held that disputed signatures appearing on a photocopy of a document cannot be referred for scientific examination by a handwriting expert where the original has not been produced, since a photocopy does not preserve the characteristics on which a meaningful comparison of handwriting depends. It held that the decisive consideration is whether the material proposed...

Allahabad High Court Calls For Crowd Behaviour Science To Prevent Stampedes At Mathura-Vrindavan Religious Gatherings

The Allahabad High Court has held that the right to life under Article 21 of the Constitution casts a positive obligation on the State to create and maintain conditions in which lives are not lost to preventable disasters. It held that institutionalising the science of crowd behaviour in academia, administration and policy is a constitutional imperative.The Court was hearing a writ...

Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct

The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...

Allahabad High Court Quashes Govt Teacher's Suspension Over Social Media Posts Alleging Misdeeds By BJP Leader

The Allahabad High Court has quashed the suspension of a government primary school teacher who was suspended for social media posts allegedly highlighting the misdeeds of a BJP leader.A bench of Justice Manju Rani Chauhan said that merely bringing to light an alleged act of wrongdoing, embezzlement or any matter affecting public interest cannot by itself be construed as 'misconduct'.The...

Non-Functional CCTV Cameras, Electricity Backup Facilities In Police Stations Reflect Dereliction Of Duty By SPs: Allahabad High Court

The Allahabad High Court recently observed that non-functional CCTV cameras and backup power facilities, such as generator sets and solar panels, in police stations amount to "dereliction in discharge of duties" by the Superintendent of Police.The bench added that it is the primary duty of the SP, or Senior Superintendent of Police, to ensure that police stations remain fully equipped with...

S. 180 BNSS | Police Must Record Witnesses' Version In Their Own Language, Not Put Inculpatory Leading Questions: Allahabad High Court

The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to issue necessary directions to all police officers to ensure that while recording statements under Section 180 BNSS, they do not put inculpatory leading questions to witnesses and instead record the version stated by the witness in his or her own language, except for seeking clarification on...

No Illegal Detention: Allahabad High Court Rejects Husband's Habeas Corpus Plea After Noting Wife Voluntarily Left Matrimonial Home

The Allahabad High Court has held that a husband cannot invoke a writ of habeas corpus where the pleadings themselves indicate that the wife voluntarily left the matrimonial home and no prima facie case of illegal detention is made out.A bench of Justice Subhash Vidyarthi observed that the husband should instead avail the statutory remedy under Section 9 of the Hindu Marriage Act, 1955,...