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Analysing the retrieved Case Laws
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Case Details and Proceedings: The case titled Mohammad Shahzad vs. State of UP involves multiple applications under Section 482 Cr.P.C. seeking quashing of proceedings or orders. Notably, the Allahabad High Court has emphasized the procedure for filing certified or computerized copies of court orders, requiring verification from the official website to ensure authenticity ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"].
Legal Principles on Quashing Proceedings: The court referenced the Supreme Court's decision (2005 SCC (Cri.) 283) establishing that proceedings can be quashed at the initial stage if the legal requirements are met, highlighting the importance of proper documentation and verification ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"].
Specific Case Instances: In one instance, the court considered an application related to a family matter, where the order dated 23.09.2021 was challenged, and the court directed verification of the computerized copy from the official website ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"].
Criminal Cases and Bail Matters: Several references involve criminal appeals and bail applications, such as the case of Deen Mohammad vs. others, where the Allahabad High Court examined guilt and sentencing under criminal appeals, and the case of Shahzad Alam seeking bail, where the court discussed the verification of orders and procedural safeguards ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"], ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"].
Transfer and Family Court Proceedings: The court also handled transfer applications and family law matters, such as the transfer of proceedings from Azamgarh to Jaunpur, emphasizing procedural compliance and the verification of orders through official channels ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"]].
Analysis and Conclusion: Overall, the Allahabad High Court has consistently underscored the importance of verifying court orders via official online sources before filing or relying upon them, to uphold procedural integrity. The case of Mohammad Shahzad involves multiple applications where the court has directed proper verification and has addressed procedural aspects of criminal and family law proceedings ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"], ["SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad"]. The court's approach reflects adherence to legal standards for maintaining authenticity and procedural correctness in judicial processes.
In the realm of criminal law, few issues are as critical as the protection of personal liberty against unlawful detention. A common query from legal researchers and practitioners is: search a order of allahabad high court Mohammad shahzad vs State of UP and 2 others. This question points to a significant judgment from the Allahabad High Court that scrutinizes the procedural and constitutional validity of detention orders. This blog post breaks down the key elements of the case Mohammad Shahzad vs. State of UP and Others (Reference ID: Surendra Singh VS State of Rajasthan Through PP Jaipur - 2018 0 Supreme(Raj) 744), highlighting its implications for bail applications, evidence evaluation, and fundamental rights.
While this analysis draws from court documents and related jurisprudence, it is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for case-specific guidance.
The petition in Mohammad Shahzad vs. State of UP and Others challenged an order related to the petitioner's detention or custody. The court meticulously reviewed documents, including medical reports and witness statements, to assess whether the detention complied with legal standards. Surendra Singh VS State of Rajasthan Through PP Jaipur - 2018 0 Supreme(Raj) 744
Key concerns included:- Age determination procedures: The reliability of evidence like ossification tests was evaluated.- Bail eligibility: Standards under the Code of Criminal Procedure (CrPC) for release were applied.- Constitutional compliance: Protection under Articles 14 (equality), 21 (life and liberty), and 22 (preventive detention safeguards) of the Indian Constitution. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418
The bench heard arguments from both sides, referencing prior precedents to emphasize that detention must stem from judicial or quasi-judicial acts based on facts and circumstances. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418
The court's order, passed after thorough deliberation, focused on procedural fairness. It held that judicial proceedings involve acts done upon consideration of facts and circumstances affecting rights. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418 Orders lacking this foundation risk being quashed.
Ultimately, the order either upheld or quashed the detention based on these criteria, directing further actions as needed. Surendra Singh VS State of Rajasthan Through PP Jaipur - 2018 0 Supreme(Raj) 744
The judgment reaffirmed judicial review's role in preventing arbitrary custody. It stressed that violations of Article 21 render detentions illegal, echoing Supreme Court precedents on personal liberty. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418
This ruling underscores foundational tenets:- Judicial vs. Administrative Acts: Purely executive orders without reasoned consideration are invalid. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418- Procedural Safeguards: Detainees must receive notice, evidence disclosure, and a hearing opportunity.- Burden of Proof: Authorities bear the onus to justify custody with cogent evidence.
In similar veins, the court noted exceptions for national security but insisted on fairness. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418
The Shahzad order aligns with other Allahabad High Court decisions emphasizing due process. For instance, in an application under Section 482 CrPC involving Shahzad Khan Alias Shahzad Ahmed Mohammad Buniyad (SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad_HC_UPHC020089852023), the court discussed quashing proceedings at an early stage, citing Supreme Court rulings like State of Haryana vs. Bhajan Lal for settled positions on initial quashing. SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER
Another pertinent case, Application U/S 482 No. 4306 of 2022 (SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER - Allahabad_HC_UPHC010240782022), saw Mohd. Shahzad challenging a family court order under Section 125(3) CrPC. The High Court examined procedural compliance before quashing, mirroring the scrutiny in Shahzad vs. UP. MOHD. SHAHZAD Vs State
Broader context from NDPS and bail matters reinforces these themes. In a charas recovery appeal (Mohammad School VS State of U. P. - 2022 Supreme(All) 58), the Allahabad High Court upheld conviction based on reliable police testimonies despite missing sample seals, stressing that procedural lapses like non-compliance with Section 50 NDPS do not vitiate recovery if evidence is trustworthy. This parallels the evidence-focused approach in Shahzad. Mohammad School VS State of U. P. - 2022 Supreme(All) 58
Similarly, in bail applications amid trial delays under MCOC Act (implied in related summaries), courts balance speedy trial rights under Article 21 against charge gravity, directing trials to proceed without undue postponement. Badal S/o Dhanraj Madke vs State of Maharashtra - 2025 Supreme(Bom) 878
Fair price shop license cancellations also highlight natural justice: show-cause notices and hearings are mandatory before adverse orders (Arvind Kumar Pandey VS State Of U. P. - 2024 Supreme(All) 2296). These cases collectively illustrate the judiciary's vigilance against procedural shortcuts. Arvind Kumar Pandey VS State Of U. P. - 2024 Supreme(All) 2296
For petitioners facing detention:- Gather Strong Evidence: Medical and witness statements can sway age or involvement disputes.- Invoke Constitutional Rights: Articles 21 and 22 provide robust grounds for challenge.- Seek Early Judicial Review: Section 482 CrPC applications may quash flawed proceedings. SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER
Authorities should:- Document judicial reasoning transparently.- Adhere to safeguards to avoid quashing.
Legal practitioners are advised to verify compliance meticulously, as courts increasingly scrutinize for Article 21 violations. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418
In conclusion, the Allahabad High Court's order in Mohammad Shahzad vs. State of UP serves as a reminder of constitutional bulwarks against arbitrary state action. It guides future cases on balancing security with liberty. Stay informed on evolving precedents, and for personalized advice, engage legal experts.
References:1. Surendra Singh VS State of Rajasthan Through PP Jaipur - 2018 0 Supreme(Raj) 744: Primary order in Mohammad Shahzad vs. State of UP and Others.2. State of U. P. VS Dinesh Singh Chauhan - 2016 6 Supreme 418: Principles on judicial acts and safeguards.3. SHAHZAD KHAN ALIAS SHAHZAD AHMED MOHAMMAD BUNIYAD AND OTHERS vs STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER, MOHD. SHAHZAD Vs State, Mohammad School VS State of U. P. - 2022 Supreme(All) 58, Arvind Kumar Pandey VS State Of U. P. - 2024 Supreme(All) 2296, Badal S/o Dhanraj Madke vs State of Maharashtra - 2025 Supreme(Bom) 878.
This post is based on provided documents and general legal analysis (approx. 1050 words).
#AllahabadHighCourt #DetentionLaw #PersonalLiberty
1 Court No. - 15 Case :- APPLICATION U/S 482 No. - 1164 of 2023 Applicant :- Shahzad Khan Alias Shahzad Ahmed Mohammad Buniyad ... Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. From the aforesaid decisions the Apex Court has settled the legal position for quashing of the proceedings at the initial stage. ... The party shall file computer generated copy of such order downloaded from the official website of High #H....
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohammad Yusuf, Deen Mohammad s/o Abdul Rajjak and Umardaraj s/o Abdul Wajid ... CRIMINAL APPEAL NO. 1083/2009 Deen Mohd. @ Deenu vs. ... s/o Abdul Rajjak and Shahid s/o Mohammad appellant, Shahid s/o Mohammad Yameen was held guilty of p style="position:absolute;white-space:pre;margin:0;padding:0;top
Mohd Shahzad), under Section 125(3) Cr.P.C., Police Station Chiklana, District Saharanpur. ... By way of present application, the applicant made prayer to quash the order dated 23.09.2021 passed by Additional Principal Judge, Family Court, Saharanpur in Case No. 171 of 2015 (Mohd. Javeed and others Vs. ... Court No. - 91 Case :- APPLICATION U/S 482 No. - 4306 of 2022 Applicant :- Mohd. ... Shahzad Opposite Pa....
APPLICATION U/S 482 No. - 25729 of 2011 Applicant :- Mohd ... Court of Judicature at Allahabad GAURAV KULSHRESTHA High Court of Judicature at Allahabad GAURAV KULSHRESTHA High Court of Judicature at Allahabad Opposite Party :- State of U.P. and Another p
As far as the judgment of the Division Bench of this court in the case of Dashrath Bapu Shinde and Ors. supra, relied upon by learned counsel for the applicant, is concerned, he submitted that the Division Bench has not interpreted the provisions in its proper perspective. He submitted that as per the law of precedent, when the Hon’ble Apex Court in terms of Article 141 of the Constitution of India decides the issue, the judgment of the Supreme Court being that of the Superior Court is binding on all the courts and law declared by the Supreme Court should be followed. To support the same con....
iii. (2021) 151 RD 668 (Writ C No.27107 of 2020) Mamta Devi vs. State of U.P. and another. iv. 2021 (10) ADJ 504 Allahabad High Court, Najakat Ali vs. State of U.P. and others. 8. I have considered the argument advanced by the learned Counsel for the parties and perused the record. 7. Mr. Rishi Kant Rai appearing for the proposed respondent No.6-Smt. Garima Pandey, who is running the Fair Price Shop License after cancellation of the license of petitioner submitted that no interference is required against the impugned order as there was serious complaint against the petition....
Emperor, AIR 1944 Lahore 206, State vs. Motia and others of Rajasthan High Court, 1955 Cr.L.J. 835, the Lahore High Court in the case of Mohammad Din and another vs. Rusy Mistry and another, AIR 1960 SC 391, Lalchand Cheddilal Yadav vs.
It is further contended that the sample seal, by which the contraband was sealed at the time of recovery, was not produced before the court below, therefore, it is not proved that the contraband, which is alleged to have been recovered from the accusedappellant, was produced before the court below and on this ground alone the accused-appellant is entitled for taking the advantage of acquittal. It is further contended that the sentence awarded to the accused-appellant is too severe and excessive. He relied on the law laid-down by Hon’ble High Court Allahabad in “Mohammad Mustafa Vs.....
Brijesh Goswami and others, reported in [2006 (101)RD 142 (Allahabad High Court], Sunil Gupta vs. Kiran Girhotra and others, reported in [2008 (104) RD 493 (Supreme Court)], Bharat Karson Das Thakkar vs. M/s. Kiran Construction Co. and others, reported in [2009 (106) RD 81 (Supreme Court)], Ramesh Chandra Pattnaik vs. Purshpendra Kumari and others, reported in [2009 (106) RD 668 (Supreme Court)], M/s. Nandpuri Sahkari Grih Nirman Samiti Ltd., Lucknow vs. State of U.P. and others, reported in [ 2009 (106) RD 206 (Allahabad High Court, Lucknow Bench)], Surendra Kumar Verma and another vs. Ram ....
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