Allahabad High Court Weekly Round-Up : June 2 To June 8, 2025

M/s Patanjali Ayurved limited v. Union of India and Others 2025 LiveLaw (AB) 205

Anwar Dhebar vs. State Of Up And 2 Others 2025 LiveLaw (AB) 206

Angad Soni v. Arpita Yadav 2025 LiveLaw (AB) 207

Sachin Sirohi And Another vs. State of U.P. 2025 LiveLaw (AB) 208

Shailendra Kumar Rai v. State Of Uttar Pradesh And 3 Others 2025 LiveLaw (AB) 209

Savita Devi @ Pinki Gautam @ Shivangi Shishodiya v. Jitendra Gautam 2025 LiveLaw (AB) 210

Saurabh Mishra v. State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare U.P. Lko. And 3 Others 2025 LiveLaw (AB) 211

2025 LiveLaw (AB) 212

Syed Mohammad Seraj Ali vs. State Of U.P. Thru. Addl. Chief Secy. (Home) Deptt. Home Govt. Of U.P. Lko. And 2 Others 2025 LiveLaw (AB) 213

Devendra Singh v. State Of Up And 4 Others 2025 LiveLaw (AB) 214

ORDERS/JUDGMENTS OF THE WEEK

Allahabad High Court Rejects Patanjali's Plea Against ₹273.5 Crore GST Penalty

Case Title: M/s Patanjali Ayurved limited v. Union of India and Others

Case Citation: 2025 LiveLaw (AB) 205

The Allahabad High Court has directed continuation of proceedings under Section 122 of the Central Goods and Services Tax Act, 2017 against M/s Patanjali Ayurved limited's 3 plants even though proceedings under Section 74 of the Act have been dropped against them.

The bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held

“Under the present GST regime, persons who are not liable to pay tax under Sections 73/74 of the CGST Act may very well be liable for penalties as described in the twenty-one sub-sections of Section 122(1) and under sub-sections 122(2) and 122(3).”

Chhattisgarh Liquor Scam | 'Grounds Of Arrest Not Supplied In Writing': Allahabad HC Declares Arrest Of Two Accused In UP FIR 'Illegal'

Case title - Anwar Dhebar vs. State Of Up And 2 Others 2025 LiveLaw (AB) 206 and a connected matter

Case Citation: 2025 LiveLaw (AB) 206

The Allahabad High Court declared the arrests of Anwar Dhebar, a businessman and brother of the former Raipur Mayor, and former IAS officer Anil Tuteja, both accused in a money laundering case linked to the alleged ₹2,000 crore Chhattisgarh liquor scam, as illegal.

A bench of Justice Siddhartha Varma and Justice Madan Pal Singh granted them bail in the FIR lodged agains them in Meerut (UP), noting that the arrest memos did not contain any column for the ground of the arrest of the petitioners and they were neither informed about the grounds of arrest, nor reasons for arrest.

Marriage Can Be Dissolved By Mutual Consent If One Spouse Files Criminal Case Against The Other Within 1 Year: Allahabad High Court

Case Title: Angad Soni v. Arpita Yadav [First Appeal Defective No.115 of 2025]

Case Citation: 2025 LiveLaw (AB) 207

The Allahabad High Court has held that if after filing of criminal case by one spouse against other, the parties have approached the court for divorce by the mutual consent, the same must be granted by invoking the proviso to Section 14 (1) of the Hindu Marriage Act, 1955.

Section 13-B of the Hindu Marriage Act provides for divorce by mutual consent. Section 14 of the Act mandates that no divorce petition can be presented before any court within 1 year of marriage. Proviso to Section 14(1) provides that such application can be entertained if the Court before which it is filed if there is exception hardship faced by the party presenting it or exceptional depravity on the part of the respondent.

Allahabad High Court Grants Bail To 2 Men Accused Of Forcibly Reciting 'Hanuman Chalisa' Near Meerut Mosque

Case title - Sachin Sirohi And Another vs. State of U.P. 2025 LiveLaw (AB) 208

Case citation: 2025 LiveLaw (AB) 208

The Allahabad High Court granted bail to two men, including a leader of Akhil Bhartiya Hindu Suraksha Samiti, who were held in March this year for forcibly reciting 'Hanuman Chalisa' near a mosque in UP's Meerut.

A bench of Justice Raj Beer Singh granted bail to Sachin Sirohi and Sanjay Samarval who have been booked by the Meerut police under Sections 191(2) [Rioting], 196 [Promoting enmity between different groups and doing acts prejudicial to maintenance of harmony], 197 [Imputations, assertions prejudicial to national integration] BNS.

Suspension Of HOD In Sexual Harassment Case Builds Confidence In Employees, Prevents Abuse Of Power: Allahabad High Court

Case Title: Shailendra Kumar Rai v. State Of Uttar Pradesh And 3 Others 2025 LiveLaw (AB) 209 [WRIT - A No. - 6131 of 2025]

Case citation: 2025 LiveLaw (AB) 209

The Allahabad High Court has held that suspension of head of department accused of sexual harassment builds confidence in women employees of his department and prevents abuse of power by the accused.

Justice Ajit Kumar held, “Naturally if the employee is regularly discharging duties on a position that he holds as ahead of the department, in matters of complaint of sexual harassment where a decision is yet to be taken finally by the authority, the authority may place the said employee under suspension firstly as a confidence building measure amongst the working women in the department and secondly to ensure that such an officer may not abuse his position to pressurize other working women or otherwise also to the aggrieved women even while the final action is still pending consideration.”

[Hindu Marriage Act] Fact Of First Marriage Irrelevant To Decide S.24 Application For Maintenance Pendente Lite In Second Marriage: Allahabad HC

Case Title: Savita Devi @ Pinki Gautam @ Shivangi Shishodiya v. Jitendra Gautam 2025 LiveLaw (AB) 210 [FIRST APPEAL DEFECTIVE No. - 530 of 2025]

Case citation: 2025 LiveLaw (AB) 210

The Allahabad High Court has held that the fact whether the second marriage was void due to subsisting first marriage of a spouse is irrelevant for the purpose of deciding application for maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955.

The bench of Justice Arindam Sinha and Justice Avnish Saxena held

“What is important is for the Court to ascertain whether the party seeking maintenance pendente lite and expenses, requires it, as to be paid by the other party in a matrimonial dispute pending adjudication.”

'Wills & Preferences' Of Mentally Ill Person Not Defined For Nomination Of Representative, Courts Step In As Parens Patriae: Allahabad High Court

Case Title: Saurabh Mishra v. State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare U.P. Lko. And 3 Others 2025 LiveLaw (AB) 211 [WRIT - C No. - 10898 of 2024]

Case citation: 2025 LiveLaw (AB) 211

While dealing with nephew's plea to be nominated as his mentally disabled aunt's representative, the bench of Justice Rajan Roy and Justice Om Prakash Shukla held

“the MH Act had laid down certain standards and factors to be considered while determining the "best interest" of the mentally ill person. However, no guidance exists as to what would constitute the "wills and preferences" of the person. Even in the proviso to Section 14 (1), the factors to be considered for providing total support are conspicuously absent.”

'Scurrilous Language': Allahabad HC Denies Relief To Man In FIR Over 'Coward-PM Modi' & 'Narendra-Surrender' Remarks

Case citation: 2025 LiveLaw (AB) 212

The Allahabad High Court on Tuesday dismissed a quashing plea moved by a 24-year-old man against an FIR lodged against him over his alleged social media posts on Prime Minister Narendra Modi, following the India-Pakistan ceasefire agreement on May 10, 2025, after four days of intense military confrontation.

Though the petitioner's counsel argued that the alleged posts had been made after being carried away by emotions, a bench of Justice JJ Munir and Justice Anil Kumar-X, rejecting this submission, remarked thus:

"A post written by the petitioner against the Prime Minister regarding his decision to desist from war etc. carries scurrilous language against the Head of the Government...Emotions cannot be permitted to overflow to an extent that Constitutional Authorities of the country are dragged into disrepute by employment of disrespectful words".

Allahabad HC Grants Relief To BBC Journalist Denied Passport NOC Over Case Linked To Mosque Demolition Reporting

Case title - Syed Mohammad Seraj Ali vs. State Of U.P. Thru. Addl. Chief Secy. (Home) Deptt. Home Govt. Of U.P. Lko. And 2 Others 2025 LiveLaw (AB) 213

Case citation: 2025 LiveLaw (AB) 213

In a relief to Mohammad Seraj Ali, a journalist associated with the BBC, who is facing an FIR over his 2021 report on the demolition of Ramsanehighat mosque in Barabanki, the Allahabad High Court on Thursday set aside two orders of the courts in Barabanki denying him a no-objection certificate (NOC) for the renewal/issuance of his passport.

Ali, who, along with journalist Mukul Chauhan, published a video report in June 2021 while working for The Wire, was booked by the Uttar Pradesh Police in an FIR under various sections of the IPC, including Sections 153, 153A, 120-B, and 501(1)(b).

Once Candidates Are Absorbed On Regular Posts, Irregularity In Initial Appointments Is Deemed To Have Been Cured: Allahabad High Court

Case Title: Devendra Singh v. State Of Up And 4 Others [SPECIAL APPEAL No. - 167 of 2024]

Case citation: 2025 LiveLaw (AB) 214

The Allahabad High Court has held that once the appellants-employees were absorbed against vacancies in regular posts, any irregularity which would have existed at the time of their initial appointment would be deemed to have been cured.

While dealing with subseqeunt termination of employees due appointments being made on unsanctioned posts, the bench of Justice Siddhartha Varma and Dr. Justice Yogendra Kumar Srivastava held the appellants were not at fault even though there was irregularity in their initial appointments.