Signals for Alternative Arrangements in Cases of ‘Untraceable’ Accused: Allahabad High Court

The Allahabad High Court has expressed serious concern over the repeated practice of the police submitting reports stating that the accused is “untraceable” or “could not be located”, observing that such stereotyped and evasive reports pose a serious obstruction to the smooth functioning of the judicial process. The Court categorically clarified: “The Police are not … Read more

Offence under Section 13 of the Gambling Act is Cognizable: Allahabad High Court

The Allahabad High Court has refused to quash criminal proceedings initiated in connection with allegations of gambling at a public place, clearly holding that an offence registered under Section 13 of the Public Gambling Act, 1867 is a cognizable offence, in which the police are empowered to arrest without warrant and conduct investigation. The order … Read more

Negligence of the State Can’t deny the right of Employee, Orders to pay Pension and Gratuity under the Old Scheme: Allahabad High Court

The Allahabad High Court has held that the consequences of administrative delay or negligence on the part of the State cannot be imposed upon an employee, particularly when the employee’s right had already crystallized under the applicable service rules. While deciding a writ petition concerning entitlement to pension and gratuity under the Old Pension Scheme, … Read more

Action under GST Unsustainable in Absence of Adverse Material, Quashed Proceedings Against Transporter: Allahabad High Court

The Allahabad High Court has held that the Goods and Services Tax (GST) authorities cannot proceed against a transporter in the absence of any adverse material establishing his involvement in tax evasion. Once the actual owner of the goods is identified and recovery proceedings are undertaken against such owner, mere shortage of goods cannot justify … Read more

Constitutional Lapse – Court Strikes Down Detention Order: Jammu & Kashmir and Ladakh High Court

The High Court of Jammu & Kashmir and Ladakh, reinforcing the procedural safeguards enshrined in the Constitution, has quashed the preventive detention (PSA) order passed by the District Magistrate, Doda, on 10 April 2025 against Mohd. Rafi alias Pinka and directed his immediate release. The order was passed by a single bench of Justice Vinod … Read more

Release of undetrials in prolonged incarceration not permissible without UTRC recommendation: Allahabad High Court

The Allahabad High Court has held that in cases of long-term incarceration of undertrial prisoners, automatic release cannot be claimed solely on the basis of Section 479 of BNSS, i.e., on the ground of having undergone a substantial portion of the maximum punishment. Such a claim becomes valid only when the Undertrial Review Committee (UTRC) … Read more

Quashed the second punishment order imposed on an employee already been punished on the same set of facts: Allahabad High Court

The Allahabad High Court, while clarifying the principle of double jeopardy in service rules, has held that awarding a second punishment to an employee on the basis of the same allegations and facts is not only illegal but also a serious violation of the principles of natural justice. The Court observed that – “It is … Read more

Court cannot act as investigating agencies: Allahabad High Court

The Allahabad High Court, while dismissing a petition filed by an Executive Engineer of the Uttar Pradesh Jal Nigam in a case registered under the Prevention of Corruption Act relating to disproportionate assets, made it clear that the Court cannot direct the investigating authorities as to which documents they must accept, which evidence they should … Read more

Data Sought on Pending Criminal Cases Against Advocates With Criminal Backgrounds: Allahabad High Court

The Allahabad High Court has expressed concern over advocates with criminal antecedents continuing to practice and remain in the legal profession, and under Article 227 of the Constitution has directed the Director General of Police, Uttar Pradesh, and the Director General of Police (Prosecution) to produce detailed data regarding pending criminal cases against advocates registered … Read more

Reinstatement of Police Officers Involved in Serious Crimes Not Legally Sustainable: Allahabad High Court

The Allahabad High Court has upheld the dismissal of a police inspector who was serving a life sentence in connection with a 1992 fake encounter case, thereby staying his reinstatement in service. The order was passed by a Division Bench comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan, which set aside the Single Bench … Read more