S.233 CrPC | Accused Has Right To Summon Defence Witnesses, Court's Interference Is Limited: Allahabad High Court

The Allahabad High Court has held that courts cannot ordinarily interfere in accused's rights under Section 233 CrPC to produce defence witnesses. It held that if the Court refuses to issue summons to witnesses sought to be produced by the accused then it can only do so by recording reasons in writing and observing that such summons would delay or defeat the cause of justice.Justice Vivek...

Allahabad High Court Grants Interim Protection To YouTuber Gautam Khattar In FIR Over Remarks On 'Karauli Shankar Baba'

The Allahabad High Court on Monday granted interim protection from arrest to YouTuber Gautam Khattar, who is facing a UP Police FIR over his alleged derogatory remarks against 'Sri Karauli Shankar Mahadev Baba' (also known as 'Karauli Sarkar'). Hearing Khattar's FIR quashing plea, a Bench of Justice JJ Munir and Justice Tarun Saxena granted 1-week to the state counsel to...

S. 13 Public Gambling Act Is A Non-Cognizable Offence; Police Can't Investigate Without Magistrate's Order: Allahabad HC

The Allahabad High Court has recently observed that the offence of gaming in a public street or place under Section 13 of the Public Gambling Act, 1867, is a non-cognizable offence. Consequently, in view of Section 2 (l) & (c) r/w Section 155 (2) CrPC, a bench of Justice Sanjay Kumar Pachori clarified that no police officer can investigate the commission of this offence without...

Medical Prescription For Abdominal Pain Insufficient To Prove Mother Is Alcoholic: Allahabad High Court Grants Custody Of Child

The Allahabad High Court has recently observed that prescription for abdominal pain does not prove that the mother of the minor corpus is an alcoholic, to deprive her of her rights over the child. Observing that mother is the natural guardian of a child till the age of 5 years, the Court granted the mother the custody of the child.Noting that the husband, who had forcefully taken the custody...

'Heated Courtroom Exchanges Not Contempt': Why Allahabad HC Dismissed Lawyer's Plea Against Sitting Judge

The Allahabad High Court on Monday DISMISSED a petition moved by a practising Advocate seeking initiation of criminal contempt proceedings against a sitting HC Judge, Justice Saral Srivastava. A bench of Justice Salil Kumar Rai and Justice Devendra Singh-I categorically observed that a 'wrong order' or 'heated exchanges' between a lawyer and a judge during proceedings cannot form...

Wife's Education Or Capacity To Earn Alone No Bar To Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has observed that the mere fact that the wife is educated or possesses the capacity to earn does not, by itself, disentitle her from claiming maintenance under Section 125 CrPC. A bench of Justice Garima Prashad added that what is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of...

Allahabad High Court Refuses Extraordinary Pension To UP Police Support Staff Killed In Road Accident While Going For Duty

The Allahabad High Court has refused pension to the family of a UP Police Follower (support staff), who was killed in a road accident, while going for duty. It held that road accidents are not covered by Rule 3 of the Uttar Pradesh Police (Extraordinary Pension) Rules 1961 which provide the exigencies in which the pension can be granted.Rule 3 of the Uttar Pradesh Police (Extraordinary...

Allahabad HC Censures ADM For Rejecting Conversion Application Of Muslim Man Who Voluntarily Embraced Hinduism

The Allahabad High Court last week strongly censured an Additional District Magistrate for ordering unwarranted and repeated police inquiries under the UP's anti-conversion law against a Muslim Man who voluntarily converted to Hinduism The repeated inquiries were sought merely because a criminal case was lodged against the applicant by his father-in-law, who was apparently opposed to...

Allahabad HC Stays Defamation Case Against 'Hindustan' Newspaper Chief Editor Over Report On Rly Officer's Arrest

The Allahabad High Court has stayed the proceedings of a criminal defamation complaint filed against Shashi Shekhar, the Editor-in-Chief of the daily newspaper 'Hindustan'. A bench of Justice Brij Raj Singh passed the order while hearing a plea filed by Shekhar seeking quashing of the entire proceedings of a complaint case, as well as the summoning order passed by the Civil Judge...

S. 138 NI Act | Joint Account Holder Who Hasn't Signed Bounced Cheque Can't Be Prosecuted: Allahabad High Court

In a case pertaining to dishonour of a cheque, the Allahabad High Court recently reiterated that a joint account holder who is not a signatory to the disputed cheque can't be prosecuted under Section 138 of the Negotiable Instruments Act, 1881. A bench of Justice Sandeep Jain also clarified that Section 141 of the NI Act, which deals with vicarious liability, is applicable only to...

No Medical Evidence, Vague FIR: Allahabad HC Acquits 3 Men In 1983 'Gang-Rape' Case Involving 7-Month Pregnant Woman

The Allahabad High Court recently acquitted 3 men in an alleged gang-rape case dating back to 1983 involving a seven-month pregnant victim. A bench of Justice Avnish Saxena granted the accused the 'benefit of the doubt' as it noted that there was an unexplained delay in lodging the FIR and a complete lack of corroborating medical evidence. The Court also termed the FIR as 'vague'...

'No Arrests To Be Made Without Providing Grounds & Reasons': UP Govt Assures Allahabad HC Of Strict Compliance With BNSS

The Uttar Pradesh Government recently assured the Allahabad High Court that a serious endeavour would be made to ensure that no arrest would be made in the state without giving the reasons and grounds for arrest to the arrestee. Additional Advocate General Vinod Kumar Shahi further apprised the Court that he has already written to the State's Additional Chief Secretary (Home) and...