All posts tagged: Allahabad HC

Allahabad HC grants bail to rape-murder accused, slams poor forensic infra

Allahabad HC grants bail to rape-murder accused, slams poor forensic infra

The Allahabad high court granted bail to an accused in a rape and murder case with a “heavy heart and great pain” due to the lack of scientific evidence as it expressed serious concerns over the state’s forensic science laboratories (FSLs) infrastructure. The HC allowed the bail application of one Manoj, accused in a rape and murder of 2025 committed in Etah district. (For Representation) The court said it expects from the state government that it will provide high-end machines and sufficient staff to the FSLs while directing the Registrar (compliance) of the high court to send copy of its order to the UP chief secretary for perusal of the chief minister. Justice Arun Kumar Singh Deshwal allowed the bail application of one Manoj, accused in a rape and murder of 2025 committed in Etah district, for the reason that FSL report does not show that the DNA found in the vaginal smear of the deceased belongs to the applicant because of insufficient generation of DNA profile. A DNA profile (or DNA fingerprint) is a …

Allahabad HC dismisses plea for offering namaz on piece of village land in Sambhal

Allahabad HC dismisses plea for offering namaz on piece of village land in Sambhal

The Allahabad High Court has dismissed a petition seeking a direction to authorities to provide security and permission to offer namaz on a piece of land in a village of Sambhal district, saying right to practice religion is subject to public order and cannot be exercised in a manner that interferes with the rights of others. The court also said that the State is constitutionally entitled and in appropriate cases duty-bound to prevent the use of public land without lawful authority. The court observed that introduction or expansion of a religious use or practice not previously prevalent, particularly where it disturbs the existing social balance, is not protected under Articles 25 and 26. A bench of justices Saral Srivastava and Garima Prasad observed that the State is not required to wait for an actual disruption and may take reasonable preventive measures where such activity is likely to affect public life. Also Read | UP: Sambhal authorities begin excavation of well connected to 1978 riots Petitioner Aseen of Sambhal claiming himself owner of the property based …

Court’s U-turn on married man’s live-in relationship| India News

Court’s U-turn on married man’s live-in relationship| India News

Allahabad high court’s recent observation that a married man living in a consensual live-in relationship with an adult is not committing an offence is reportedly a contradiction of one of its own previous observations. A married man’s live-in relationship is not an offence, observed the Allahabad high court on March 25 (Unsplash/Representative) A married man’s live-in relationship is not an offence, observed the Allahabad high court on March 25, saying that social morality cannot override court’s duty to protect citizens’ rights A Division Bench of Justice JJ Munir and Justice Tarun Saxena was hearing a plea seeking protection of a live-in couple facing threats from the woman’s family, according to a Bar and Bench report. “There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence, whatsoever. Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of …

Court, admin ‘acted in mala fide manner’: Allahabad HC orders to restore possession of house to evicted woman | Legal News

Court, admin ‘acted in mala fide manner’: Allahabad HC orders to restore possession of house to evicted woman | Legal News

Noting that a local court and administration “acted in a mala fide manner and in a colourable exercise of power”, the Allahabad High Court on Monday ordered the district authorities in Siddharthnagar to restore possession of house within 48 hours to a woman who along with her three children was evicted from the property last year. The order was issued by the division bench of Justices Manoj Kumar Gupta and Arun Kumar while hearing the woman’s petition. The court of Civil Judge (Junior Division) in Sidharth Nagar had in February last year given an ex-parte injunction on a petition of Sandeep Gupta, a district court employee, for eviction of the woman, Soni, and other occupants of the house. The bench also recommended action against the trial court judge, stating, “Let a copy of this order be placed before the Hon’ble Chief Justice for consideration and for passing appropriate orders, if so deemed fit, for initiating disciplinary inquiry against the Civil Judge (Junior Division) who has passed the order dated 05.02.2025.” On initiating action against the …

Allahabad HC Says One-Year Passport Validity Justified If Court Doesn’t Specify Duration | India News

Allahabad HC Says One-Year Passport Validity Justified If Court Doesn’t Specify Duration | India News

Last Updated:November 05, 2025, 00:08 IST The passport office maintained that in the absence of a specified duration in the court order, the one-year limit was consistent with a 1993 MEA notification Representative image The Allahabad High Court has ruled that when a criminal court grants an accused permission or a No Objection Certificate (NOC) to travel abroad without specifying the period for which the passport may be issued, passport authorities are justified in restricting its validity to one year. A division bench comprising Justice Ajit Kumar and Justice Swarupama Chaturvedi made the observation while dismissing a plea filed by one Rahimuddin, who sought a ten-year passport despite a pending criminal case against him. Rahimuddin had earlier moved the High Court seeking a passport while facing trial under Section 447 of the IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984. The court had directed him to obtain permission from the competent criminal court before applying. Subsequently, the Chief Judicial Magistrate (CJM), Pilibhit, granted him an NOC on October 10, …

Supreme Court To Examine Allahabad HC Judge’s Remark On UCC: ‘Country Will Run As Per…’

Supreme Court To Examine Allahabad HC Judge’s Remark On UCC: ‘Country Will Run As Per…’

Last Updated:December 10, 2024, 14:55 IST The Supreme Court on Tuesday took note of the remarks made by Allahabad High Court sitting judge Shekhar Kumar Yadav. Allahabad High Court judge Justice Shekhar Kumar Yadav speaks at the VHP event | Image/X The Supreme Court on Tuesday took note of the remarks made by Allahabad High Court sitting judge Shekhar Kumar Yadav where he said that the “country would function as per the wishes of the majority group.” Justice Shekhar Yadav made the controversial remarks while delivering a lecture on the ‘Constitutional Necessity of Uniform Civil Code’ in an event organised by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj. Justice Yadav was addressing the event on UCC, which seeks to establish a framework of standardised personal laws that would apply to all citizens, irrespective of their caste, creed and religion. It would apply to marriage, inheritance, adoption, and succession. “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living …

Allahabad HC stays bulldozer action in Bahraich, grants 15 days to accused to respond to PWD notices – India TV

Allahabad HC stays bulldozer action in Bahraich, grants 15 days to accused to respond to PWD notices – India TV

Image Source : FILE PHOTO Representative image Bahraich violence: Allahabad High Court on Sunday (October 20) put a stay on  Uttar Pradesh’s Public Works Department (PWD) notices to demolish properties belonging to the accused in the Bahraich violence case. The court also granted 15 days time to the affected persons to respond to PWD notices. The next hearing of the case is scheduled to take place three days later, on October 23. Demolition notices for Bahraich shopkeepers On Saturday, PWD had pasted notices on the houses and shops of 23 people, including Abdul Hameed, the main accused of Bahraich violence. The notice was put up by the PWD to remove encroachment on the government road. The construction made at a distance of 60 feet from the middle of the rural road was asked to be removed in three days.  This action follows the shooting of a 22-year-old Hindu man in the Maharajganj area of the district amid rising communal tensions. Pleas in Supreme Court against demolitions Meanwhile, a petition has been filed in the Supreme Court to stop the …

‘Scandalous’: Allahabad HC Scraps ‘Office-Office’s Musaddilal’ Comparison from Litigant’s Affidavit

Reported By: Salil Tiwari Last Updated: May 14, 2024, 13:45 IST Three paragraphs in the petitioner’s affidavit likened her situation to ‘Musaddi Lal’ from ‘Office-Office’. (Image: YouTube & Shutterstock) The affidavit described the petitioner, an elderly woman facing financial difficulties, as the character ‘Musaddi Lal’ from the TV series ‘Office-Office’. The Allahabad High Court recently struck off a statement from a litigant’s affidavit, deeming it scandalous. The affidavit described the petitioner, an elderly woman facing financial difficulties, as the character ‘Musaddi Lal’ from the TV series ‘Office-Office’. The bench of Justice JJ Munir deemed such language unacceptable for the court record. “This Court can understand the anguish of the petitioner, but that does not justify the pleadings in Court being marred with employment of colloquial expressions and scandalous pleadings,” said the bench.  The matter pertained to the disbursement of family pension to the widow of a government employee. The woman moved the high court alleging that she had been receiving family pension since December 4, 2010, pursuant to a court order. However, another woman who previously …

2020 Kidnapping case: Allahabad HC grants bail to ex-MP but refuses to stay 7-yr jail term: ‘Need of hour to have purity in politics’ | Lucknow News

The Allahabad High Court on Saturday granted bail to former MP Dhananjay Singh but refused to suspend or stay the seven-year imprisonment sentence passed by a district court in a 2020 kidnapping and threatening case. The former BSP MP, however, will not be able to contest the Lok Sabha elections since the court has refused to stay the 7-year jail sentence. Singh has been in jail since his conviction by the MP-MLA court in Jaunpur on March 6. He and his associate Santosh Vikram Singh were sentenced to seven years of rigorous imprisonment for allegedly kidnapping and threatening Namami Gange project manager Abhinav Singhal. In an appeal filed by the former MP and his associate, they urged the High Court to stay the operation and the effect of the judgment and release them on bail. Justice Sanjay Kumar Singh of the Allahabad High Court ordered their release on bail on “furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court”. The court, further, stated, “…the prayer …

Conversion required not only for marriage but also for live-in relationships: Allahabad HC | India News

In a recent judgment, the Allahabad High Court has held that UP Conversion Law applies not only to marriage but also to live-in relationships. Justice Renu Agarwal made the observation while rejecting an inter-religion couple’s plea for police protection. The court said conversion is not only required for the purpose of marriage but it is also required in all relationships in the nature of marriage, and, therefore, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 applies to marriages or live-in relationships. The Act, which came into force on March 5, 2021, made it mandatory for interfaith couples to seek conversion according to its provisions, the court said. “In the case at hand, admittedly, none of the petitioners has moved application for conversion of religion in accordance with Section 8 and 9 of the Act,” it said. The court also referred to the explanation to Section 3(1) of the Act which says: “No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by …