Tag: Allahabad

Tough for woman after live-in relationships end: Allahabad HC

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Prayagraj: The Allahabad High Court has observed that it is difficult for a woman to live alone after a live-in relationship comes to an end, as Indian society at large does not accept and recognise such relationships.
The court was hearing a bail application of a man who was arrested for not fulfiling his promise to marry the woman, his live-in partner.
While granting bail to the man, Justice Siddharth noted that the woman in a live-in relationship is left with no option but to lodge a case against her live-in partner in such a situation.
“This is one case where the disastrous consequences of live-in relationship have come on the scene. It is difficult for a woman to live alone after breaking of live-in relationship. The Indian society at large does not recognise such relationship as acceptable. The woman, therefore, is left with no option but to lodge first information report against her live-in partner, like in present case,” the order said.
As per the prosecution, the couple were in a live-in relationship for over a year. The woman was earlier married to another man, with whom she had two sons.
Later, she became pregnant on account of sexual relations she had with the accused during the live-in relationship. However, the accused refused to marry her.
The woman alleged that the accused then sent obscene photographs of her to her ex-husband, after which he also refused to live with her.
Thereafter, she lodged a complaint based on which an FIR under Sections 376 (rape) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) was registered against the accused.

The counsel or the accused submitted that the woman is a major and she willingly entered a live-in relationship with the accused. She was capable in understanding the consequence of such relationship and there is no allegation that the relationship started with the promise of marriage, he added.
It was further argued that the accused, who has been falsely implicated in this case, has been in jail since November 22 last year and has no criminal history to his credit.
Given the nature of the offence, the evidence, complicity of the accused, submissions of the counsel for the parties, the one-sided investigation by the police and other grounds, the court granted bail to the man.
The accused Aditya had rejected the allegations and had submitted to the court that the complainant woman is an adult who had entered into a consensual relationship knowing the consequences of such a relationship. He had also rejected the allegation of the false promise of marriage saying he had never made any such promise.
The woman in the case has two children with her husband.
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#Tough #woman #livein #relationships #Allahabad
( With inputs from www.siasat.com )

February 24, 2023
Four advocates elevated as additional judges of Madras, Allahabad high courts

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New Delhi: Four advocates were on Thursday appointed as additional judges in the high courts of Madras and Allahabad.
According to separate notifications issued by the Department of Justice in the Law Ministry, advocates Prashant Kumar, Manjive Shukla and Arun Kumar Singh Deshwal have been appointed additional judges of the Allahabad High Court in that order of seniority for a period of two years.
The Supreme Court Collegium recommended their names on January 17 along with six other advocates for appointment as additional judges. The other six were elevated recently.
In another notification, the ministry said advocate Venkatachari Lakshminarayanan is appointed as an additional judge of the Madras High Court for a period of two years.
The apex court Collegium recommended his name on January 17 along with Victoria Gowri and others, including advocates and judicial officers. She has since taken oath as an additional judge of the Madras High Court.
Additional judges are usually appointed for a period of two years before being elevated to permanent judges.
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#advocates #elevated #additional #judges #Madras #Allahabad #high #courts
( With inputs from www.siasat.com )

February 23, 2023
Former Allahabad HC judge, wife booked in disproportionate assets case

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New Delhi: The Central Bureau of Investigation filed a case of disproportionate assets case against former Allahabad High Court judge Justice S.N. Shukla and his wife, alleging they allegedly amassing assets worth Rs 2.45 crore disproportionate to their known source of income.
The CBI has alleged that the assets was acquired by them between 2015 and 2019, when Shukla was serving on the bench.
In 2019, a case was lodged against Shukla and retired judge of the Chhattisgarh High Court, I.M. Quddusi for getting bribe for a court order which was in favour of a medical college based in Lucknow.
In 2019, them Chief Justice of India, Dipak Misra had recommended impeachment of Shukla after a Supreme Court’s in-house probe came against Shukla. However, Shukla wasn’t impeached at that time. Next Chief Justice of India Ranjan Gogoi also favored the impeachment of Shukla.
Now, the CBI has lodged a fresh disproportionate assets case against Shukla and his wife, and in the coming days, can issue summons to him to join the investigation.
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#Allahabad #judge #wife #booked #disproportionate #assets #case

( With inputs from www.siasat.com )

February 22, 2023
Allahabad HC rejects petition seeking cancelling of FIR against conversion accused

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Prayagraj: The Allahabad High Court has dismissed a writ petition challenging an FIR lodged against 37 people accused of coercing a man to undergo a religious conversion from Hinduism to Christianity through inducements.
The writ petition was filed by Jose Prakash George and 36 Others seeking quashing of the FIR lodged on January 23, 2023, under sections 420, 467, 468, 506, 120-B IPC and section 3/5 (1) of UP Prohibition of Unlawful Conversion of Religion Act at Police Station Kotwali, District Fatehpur.
The petitioner’s counsel contended that an FIR on almost identical allegations had been lodged on April 15, 2022, under the same Act.
The complainant in the instant case is one of the witnesses whose statement was recorded by the police in the FIR lodged on April 15, 2022.
The accused in both FIRs are the same barring, one or two persons. Only the informant in both cases is different, and both cases allege mass religious conversion by fraud, coercion, and allurement, the counsel said.
In light of these facts, the counsel contended that the FIR is barred by sections 154 and 158 of the Code of Criminal Procedure.
A division bench comprising Justice Anjani Kumar Mishra and Justice Gajendra Kumar on Friday rejected the petition saying it was of the view that the second FIR, though related to the same incident, cannot be quashed as it has been lodged by a competent person.
“Since, the first information report dated April 15, 2022, had not been lodged by a person competent to lodge it, it is of no consequence. For the same reason, the impugned first information report cannot be called a second first information report. It, therefore, cannot be said that there are two separate first information reports of the same incident.

“It has already been observed in the earlier part of this order that the allegations in the first information report impugned, contain ingredients of a cognizable offence. Therefore, also the impugned first information report is not liable to be quashed,” the court observed.
“In view of the reasons given above, the writ petition fails and is dismissed,” it said.
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#Allahabad #rejects #petition #seeking #cancelling #FIR #conversion #accused
( With inputs from www.siasat.com )

February 19, 2023
Woman facilitating rape can be prosecuted for ‘gang rape’: Allahabad HC

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Prayagraj: The Allahabad High Court has observed that “no doubt a woman cannot commit the offence of rape but if she facilitates the act then she can be prosecuted for the offence of ‘gang rape’ under section 376D of Indian Penal Code (IPC) in view of the amended provisions”.
Elaborating the provisions of section 375 (rape) and 376 (punishment for rape) of the IPC relating to the offence of rape, as amended in the year 2013, Justice Shekhar Kumar Yadav rejected the plea that a woman cannot be prosecuted for the alleged commission of the offence of gang rape.
With these observations, the court dismissed an application filed under section 482 (inherent powers of high court) of criminal procedure code (CrPC) filed by one Sunita Pandey, who had challenged a summoning order passed by the additional district and sessions judge, Siddharth Nagar, to face trial under sections 376D (gang rape), 212 (harbouring offender) of IPC in connection with the alleged rape case of a 15-year-old girl.
“A woman can not commit the offence of rape but if she facilitated the act of rape with a group of people then she may be prosecuted for gang rape in view of the amended provisions,” observed the court while rejecting the plea of the woman applicant.
Taking into account the facts of the case, the court, at the outset, noted that the argument that a woman cannot be prosecuted for gang rape is not correct as per the amended provisions of sections related to rape, which relates to the offence of rape.
The court observed that though it is clear by the non-ambiguous language of section 375 of IPC that a woman cannot commit rape as the section specifically states that the act of rape can only be done by a ‘man’ and not by ‘a woman’, the same is not the case with section 376D (gang rape) of IPC.
The incident took place in June 2015 and FIR was lodged by the father of the girl against unknown persons in July 2015 under sections 363 (punishment for kidnapping) and 366 (kidnapping, abduction or inducing woman to compel her marriage, etc.) IPC, alleging therein that someone had enticed his daughter aged about 15 years, and took her with him.
In her statement before the court under section 164 of the Criminal Procedure Code, the victim stated that the applicant was involved in the alleged incident. However, the applicant was not named in the charge sheet.

Thereafter, the father of the victim filed an application under section 319 CrPC for summoning the applicant and the court below allowed the said plea.
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#Woman #facilitating #rape #prosecuted #gang #rape #Allahabad
( With inputs from www.siasat.com )

February 14, 2023
Allahabad HC declines to order killing of birds, dogs

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Lucknow: The Lucknow bench of the Allahabad High Court has declined to issue directions to Lucknow Municipal Corporation (LMC) to kill birds and animals that have become nuisance in the state capital.
Dismissing the plea, the bench held: “Such a direction cannot be issued by the Court as there is no provision which obliges the LMC to kill innocent animals.”
The bench of Justices Ramesh Sinha and Subhash Vidyarthi passed the order on a PIL moved by a local lawyer Manoj Dubey.
Arguing for the petitioner, senior advocate Sudeep Seth had sought issuance of a direction for LMC to discharge the duty of eliminating birds, animals, strays and ownerless dogs causing nuisance in Lucknow.
The bench declined to issue any such direction.
Welcoming the verdict, animal rights activist Kamna Pandey said: “It is a landmark verdict. It is significant and cuts through the current motivated campaign against dogs seeking to create an atmosphere of hate and hostility towards man’s best friend. It restores balance and returns good sense to the prevailing debate.”
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#Allahabad #declines #order #killing #birds #dogs
( With inputs from www.siasat.com )

February 6, 2023
Filing chargesheet in each case lodged under SC-ST Act not mandatory: Allahabad HC

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Lucknow: The Allahabad High Court on Friday said it is not mandatory to file a chargesheet in each case lodged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act after an FIR is registered in the matter.
“The intention of the legislature is that the investigating officer would file the chargesheet, if, during the probe, he finds adequate evidence against the accused,” the Lucknow bench of the court said.
A bench of Justices Rajan Rai and SK Pachauri passed the order on a petition filed by Gyanendra Maurya. Dismissing the petition, the bench said the legislative intent has to be understood logically.
The petitioner had challenged certain provisions of the Act, saying those should be struck down as those mandate that once an FIR is registered, the investigating officer is bound to submit a chargesheet.
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#Filing #chargesheet #case #lodged #SCST #Act #mandatory #Allahabad
( With inputs from www.siasat.com )

February 3, 2023
SC Collegium recommends elevation of Allahabad, Gujarat HC chief justices to apex court

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New Delhi: The Supreme Court Collegium Tuesday recommended to the Centre the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation as apex court judges.
While all six members of the Collegium, led by CJI DY Chandrachud, were unanimous in recommending the name of Justice Bindal, Justice K M Joseph had reservation on the name of Justice Kumar, according to a resolution uploaded on the apex court website.
The apex court, which has a sanctioned strength of 34 judges including the CJI, is functioning with 27 Judges presently.
“The resolution of the Collegium in regard to the appointment of Mr Justice Rajesh Bindal, Chief Justice of the High Court of Judicature at Allahabad, is unanimous. However, in regard to the appointment of Mr Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, Justice K M Joseph has expressed his reservations on the ground that his name can be considered at a later stage,” the resolution said.
Besides the CJI and Justice Joseph, the Collegium also comprises Justices S K Kaul, M R Shah, Ajay Rastogi and Sanjiv Khanna.
The Collegium had on December 13 recommended five judges — Justice Pankaj Mithal, Chief Justice, Rajasthan High Court; Justice Sanjay Karol, Chief Justice, Patna High Court; Justice P V Sanjay Kumar, Chief Justice, Manipur High Court; Justice Ahsanuddin Amanullah, Judge, Patna High Court; and 5. Justice Manoj Misra, Judge, Allahabad High Court — for elevation to the apex court.
The Centre is yet to accept and notify these names, and the Collegium clarified on Tuesday these judges “shall have precedence over these two names recommended presently for appointment to the Supreme Court”.
“Therefore, the appointments of five judges recommended on December 13, 2022 should be notified separately and earlier in point of time before the two judges recommended by this resolution,” the Collegium said on Tuesday.

In its meeting held on Tuesday, the Collegium said, it deliberated on the names of chief justices and senior puisne judges of high courts eligible for appointment to the Supreme Court.
“Judgments authored by those falling in the zone of consideration for elevation to the Supreme Court were circulated among the members of the Collegium for a meaningful discussion on and assessment of their judicial acumen,” it said.
The four-page resolution said the Collegium carefully evaluated the merit, integrity and competence of “eligible Chief Justices and senior puisne Judges of the High Courts”.
The Collegium also took note of the facts regarding “accommodating a plurality of considerations” while deciding the names of Justice Bindal and Justice Aravind Kumar for judgeship in the apex court.
Justice Bindal was appointed as a Judge of the Punjab and Haryana High Court on March 22, 2006 and became the Chief Justice of the Allahabad High Court on October 11, 2021.
“Mr Justice Bindal stands at Serial No. 02 in the combined All-India-seniority of High Court Judges. He is the senior most Judge hailing from the Punjab and Haryana High Court.
“While recommending his name, the Collegium has taken into consideration the fact that the Punjab and Haryana High Court which is one of the largest High Courts with a sanctioned strength of eighty-five judges is not adequately represented on the Bench of the Supreme Court. The High Court of Punjab and Haryana is a common High Court for two States,” the resolution said.
Justice Aravind Kumar was appointed as an Additional Judge of the Karnataka High Court on June 26, 2009 and was made a permanent Judge on December 7, 2012.
“He was elevated as Chief Justice of the High Court of Gujarat on 13 October 2021. Mr Justice Aravind Kumar stands at Sl. No.26 in the combined All-India-seniority of High Court Judges,” the resolution said.
While recommending his name, the Collegium is “conscious of the fact that in the seniority of Judges hailing from the Karnataka High Court, Mr Justice Aravind Kumar stands at Sl. No.02”, it said, adding that at present, the apex court is represented by two Judges from the Karnataka High Court.
The resolution said while recommending the two names, the Collegium has taken into consideration the seniority of Chief Justices and senior puisne Judges in their respective parent High Courts as well as overall seniority of the High Court Judges.
The resolution said there was a need to ensure diversity and inclusion in the Supreme Court by ensuring “the representation of High Courts which are not represented or are inadequately represented” in the top court.
It said the Collegium, besides gender diversity and representation of minorities, also considered that “persons from marginalized and backward segments of society” are recommended for judgeship.
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#Collegium #recommends #elevation #Allahabad #Gujarat #chief #justices #apex #court
( With inputs from www.siasat.com )

February 1, 2023
Allahabad HC grants bail to man who threatened to demolish Gyanvapi

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Prayagraj: The Allahabad High Court has approved the anticipatory bail plea of Vishwa Hindu Sena general secretary, Digvijay Choubey, who had threatened to demolish the disputed Gyanvapi complex in Varanasi.
Besides approving the bail plea, the court also invoked a ban on his arrest. Digvijay Choubey had threatened to “make the condition of Gyanvapi like Babri”.
However, the anticipatory bail has been granted until the police file the chargesheet.
The bail plea was heard by Justice Subhash Chand Sharma.
In August 2022, Choubey had announced to perform religious rituals on the disputed premises. He also threatened to demolish the disputed premises. He was arrested after a case was filed against him at the Bhelupur police station in Varanasi.
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#Allahabad #grants #bail #man #threatened #demolish #Gyanvapi

( With inputs from www.siasat.com )

January 24, 2023