#Allahabad High Court

The Allahabad HC ruled that Section 34 IPC requires a functional link to the crime; mere presence or being armed is insufficient for common-intention liability. Accordingly, Harish Chandra was acquitted of murder. Prosecutors must now prove direct participation in joint offences.

The Allahabad High Court ruled that the 18-month limitation in Sec 245D(4A)(iii) starts at the initial filing of a pending settlement application and cannot be reset by transferring the case, rendering the Interim Board’s October 2023 order time-barred and void. Taxpayers can no longer revive stale settlement applications by shifting them between boards.

The Allahabad High Court reduced a dowry-death life sentence to ten years, insisting that any deviation from the statutory term must be supported by a reasoned assessment of mitigating factors. Other convictions stand, and the decision mandates explicit justification for reduced sentences under Sec 304B IPC.

The Allahabad High Court set aside the murder convictions of Munua Singh and Raj Bahadur Singh, holding that a child’s testimony never examined under Section 161 CrPC cannot meet the ‘sterling quality’ threshold required for evidence. This decision warns that unexamined child witnesses render convictions unsafe, impacting all pending cases that rely on such testimony.

The Allahabad High Court ruled that a lease for fishing rights cannot vest without the District Magistrate’s sanction, making the petitioner’s claim for refund of the auction deposit enforceable. This clarifies that the statutory condition precedent under the U.P. Revenue Code overrides any administrative refusal, protecting bidders in government lease auctions.

Allahabad HC upheld conviction under Section 307 IPC but reduced the sentence to 3 years after determining the accused was a juvenile (17 years 10 months) at the time of the offence. The ruling emphasizes the primacy of juvenile justice principles over punitive sentencing in serious offences.

Allahabad HC grants bail in a Section 376(2N) IPC case after noting the applicant's long-term relationship, multiple pregnancies (aborted), and absence of medical evidence of assault. Court emphasizes jail overcrowding and pending cases while imposing strict bail conditions, citing Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P.

Allahabad HC grants bail under BNSS 64 after noting a 1.5-month delay in FIR registration, contradictions in the victim's statement, lack of documentary proof of age, and a medico-legal report failing to corroborate rape allegations. The court emphasized overcrowded jails and trial pendency while stressing the need for robust evidence in serious offenses.

Allahabad High Court quashes criminal proceedings under Sections 498-A, 406, 323, 504, 506 IPC after parties compromise in matrimonial dispute, relying on Supreme Court precedents.

Allahabad HC rules that mere pendency of criminal proceedings, even at the investigation stage, cannot justify passport rejection. The Regional Passport Office must grant applicants an 8-week window to obtain court permission, failing which the passport must be issued expeditiously. This directive reinforces procedural fairness in administrative decisions affecting fundamental rights.

Allahabad High Court invoked Section 4 of the Probation of Offenders Act to modify sentences of elderly appellants after a 40-year pendency, prioritizing reformative justice over imprisonment despite conviction. The ruling underscores judicial discretion in balancing punishment with rehabilitation for aged offenders.

Allahabad High Court extends probation under the Probation of Offenders Act to appellants despite a 40-year pendency, emphasizing reformative justice over punitive imprisonment. The ruling sets aside imprisonment while upholding convictions under Sections 307/34 and 323/34 IPC, reinforcing judicial discretion in sentencing even in delayed appeals.

Allahabad HC reiterated that circumstantial evidence must form an unbroken chain under the Sharad Birdhi Chand Sarda principles to secure conviction. The court acquitted the accused, holding that gaps in the chain of custody and forensic handling vitiated the prosecution's case, reinforcing strict standards for circumstantial evidence in criminal trials.

Allahabad High Court holds that Section 24(5) CPC empowers District Courts to transfer suits to courts with proper pecuniary jurisdiction, bypassing the mandatory return of plaint under Order VII Rule 10 CPC. This ruling ensures procedural efficiency and continuity of proceedings, directly impacting property and asset dispute litigants facing jurisdictional challenges.

Allahabad High Court holds that mere involvement in two criminal cases does not meet the 'habitual offender' threshold under the U.P. Control of Goondas Act, 1970. The ruling underscores the Act's preventive nature and the irreversible stigma of branding an individual a 'goonda,' requiring stricter proof of habitual criminality.