No Right to Claim CRPF Security Without Proven Threat, Protection Plea Rejected: Allahabad High Court

The Allahabad High Court dismissed a writ petition seeking armed protection by the Central Reserve Police Force (CRPF), clarifying that the grant of security depends upon an objective assessment of threat perception and falls within the domain of the competent authorities, not the Court. The Court emphasized that: “……….it can very well be held that … Read more

Economically Independent Wife Can Claim Maintenance Under Section 125 CrPC: Allahabad High Court

The Allahabad High Court, while hearing a criminal revision petition in a matter relating to maintenance under Section 125 Cr.P.C., has clarified that merely because a wife is educated cannot be a ground to deny her maintenance. The Court pointed out that, “The Court is unable to accept the submission that mere employment or earning … Read more

Criminal Contempt: Court Directs Contempt Action Against Advocate for Objectionable Remarks During Hearing: Allahabad High Court

The Allahabad High Court directed that contempt action be initiated against an advocate who made remarks against the dignity of the Court during the hearing of a criminal bail application. According to the case, while considering a bail application in a criminal matter, the Court found that the injured person had sustained a gunshot wound … Read more

Framing of Charges Without Considering Final Report Is Illegal: Allahabad High Court

The Allahabad High Court has held that a trial court cannot ignore a final report submitted after further investigation while proceeding to frame charges. The Court observed that if cognizance has already been taken on an initial charge sheet and the police subsequently file a final report upon further investigation, the trial court is duty-bound … Read more

Judge Refused to Hear Matter, After Supreme Court’s Criticism of Bail Order: Allahabad High Court

The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere. The said observation was given … Read more

Mere Prior Complaint by Accused Against Complainant Not Per Se Vexatious; Upholds Continuation of Trial: Calcutta High Court

The Calcutta High Court while hearing the Criminal Revision found that the mere filing of a complaint by the instant petitioner against the de-facto complainant prior to her complaint cannot, by itself, be treated as vexatious or as constituting an abuse of the process of law if the trial is allowed to proceed in the … Read more

Summoning Order Passed Without Hearing the Party, Unconstitutional; Court Seeks Explanation from Judge: Allahabad High Court

  The Allahabad High Court has taken serious note of a summoning order passed by the Special Judge (SC/ST Act), Bhadohi, observing that the accused was not granted an opportunity of hearing as required under the relevant provisions of Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the records, and observed that, “it appears that … Read more

Strong Objection Raised to Mention of Caste and Religion in Records of Minors in Rajkiya Balgrih: Allahabad High Court

The Allahabad High Court has expressed serious concern over the mention of caste and religion in the records of minors placed in Rajkiya Balgrih (Balika). During hearings held on different dates, the Court questioned whether it was necessary for counsellors and the office of the District Probation Officer to record details relating to caste and … Read more

Suit Does Not Automatically Stand Terminated Merely on Filing Withdrawal Application: Allahabad High Court

A three-judge larger Bench of the Allahabad High Court, while hearing a civil matter, has clarified that merely filing an application for unconditional withdrawal of a suit does not result in automatic termination of the proceedings unless a specific order to that effect is passed by the court. The Bench held that Order XXIII Rule … Read more

Despite Achievements, the Road to Complete Equality for Girl Children Still Difficult: Calcutta High Court

The Port Blair Circuit Bench of the Calcutta High Court, while setting aside an order of the Sessions Court discharging the in-laws in a case relating to dowry harassment and suicide, observed that while society celebrates the success of daughters in various fields, many girls continue to lose their lives prematurely under the burden of … Read more