Man Conceals Criminal History To ‘Hoodwink Court For Ulterior Motives’: Allahabad High Court Imposes 5 Lakh Cost

first_imgNews UpdatesMan Conceals Criminal History To ‘Hoodwink Court For Ulterior Motives’: Allahabad High Court Imposes 5 Lakh Cost Sparsh Upadhyay15 Dec 2020 10:11 PMShare This – xThe Allahabad High Court recently imposed a cost of Rs. Five Lakhs on a petitioner who made an incorrect statement in the Writ Petition that merely on the basis of a single case, Gangsters Act had been invoked against him. The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a Writ Petition praying before the Court that impugned orders (directing the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court recently imposed a cost of Rs. Five Lakhs on a petitioner who made an incorrect statement in the Writ Petition that merely on the basis of a single case, Gangsters Act had been invoked against him. The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a Writ Petition praying before the Court that impugned orders (directing the attachment of Petitioner’s property) of the District Magistrate, Mau be quashed. Contentions raised before the Court Petitioner’s contention was that vide order dated 21.10.2020, the District Magistrate, Mau had directed for attachment of properties of the petitioner exercising his authority under Section 14(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 whereas vide order dated 29.10.2020, the District Magistrate by revising the order, also attached 300 tons of coal illegally stored in such properties. The Counsel’s for the petitioner submitted that the petitioner was victimized merely on the basis of suspicion. He further submitted that as per gang chart appended along with the FIR, registering Case Crime No. 47 of 2010 under Section 3(1) of the Gangsters Act at Police Station Kotwali, District Mau, there is mention of a solitary case against petitioner. It was submitted that on the basis of the solitary case, case against him was registered under the Gangsters Act, therefore, it was argued that the petitioner was falsely implicated with oblique motive. On the other hand, the AGA submitted that petitioner’s contention was factually incorrect and the petitioner cleverly suppressed material information from the main body of the writ petition. AGA submitted that there is long history of the petitioner’s involvement in criminal cases and that he is habitually involved in several criminal matters and these materials have been taken into consideration by the District Magistrate. It was contended that arbitrarily petitioner mentioned that he was involved only in one case namely Case Crime No. 1866 of 2009 which is factually incorrect and that amounts to suppression of material information from this Court. Court’s observation The Court was ‘amazed’ that petitioner did not mention the fact that he had history of other criminal cases to his credit. Further, the Court said, “We are thus of the considered view that the omission was intentional and deliberate with a view to hoodwink the court for ulterior motives which cannot go unpunished. It is apparent that petitioner is guilty of suppressing material facts.” The Court also said, “It is also apparent that petitioner has made an incorrect statement in the writ petition that merely on the basis of solitary case, Gangsters Act has been invoked against him. In fact, petitioner’s case is squarely covered by Clause i, ii and XXV of Section 2(1) (b) of the Gangsters Act, and therefore there is no ground to quash the impugned orders.” Further, for misrepresenting the facts before the Court, the Court was of the view that heavy cost was needed to be imposed on the petitioner as “he did not approach the court with clean hands to seek equitable relief in the form of issuance of either writ of certiorari or writ of mandamus.” Therefore, the Court dismissed the writ petition while imposing a cost of Rs. 5,00,000/- (Rupees Five Lakhs) on the petitioner. The cost has been directed to be deposited in the High Court Legal Services Authority within 30 days from the date of the Order. Case Title – Umesh Singh v. State of U.P. and another [Criminal Misc. Writ Petition No. – 13508 of 2020] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Main Evening News, Sport and Obituaries Monday 28th May

first_img Main Evening News, Sport and Obituaries Monday 28th May Main Evening News, Sport and Obituaries Monday 28th May:Audio Player Up/Down Arrow keys to increase or decrease volume. FT Report: Derry City 2 St Pats 2 Google+ AudioHomepage BannerNews By News Highland – May 28, 2018 Journey home will be easier – Paul Hegarty Pinterest Facebook Facebook Previous articleSeamus Coleman says there’s a fresh feeling in Ireland campNext articleHome and Away icon Cornelia Frances has died aged 77 News Highland RELATED ARTICLESMORE FROM AUTHORcenter_img Twitter Pinterest Derry draw with Pats: Higgins & Thomson Reaction Google+ DL Debate – 24/05/21 Harps come back to win in Waterford WhatsApp Twitter WhatsApp News, Sport and Obituaries on Monday May 24thlast_img read more

Conquering the pitch: Hocking’s competitive spirit knows no bounds

first_imgPenelope and Iliana grew up playing on teams together, but the oppositional nature of their positions — and the fact that they were often put on separate teams in practice to make things fair — created clashes all the same. Hocking’s ability and mindset was forged by growing up in an incredibly athletic family. Her father Denny played 13 years in the MLB and her mother Venetta played basketball at Cypress College. But the real competition came with Penelope’s twin sister, Iliana, a sophomore defender at Arizona. This — along with the addition of younger brother Jarrod, also an athlete — made for some intense games growing up. However, McAlpine emphasized that Hocking doesn’t let her competitive nature affect the team in a negative way. Hocking said her father talks to her a lot about how to be a good teammate, drawing on his experiences as a professional athlete. “She put her arm around me and just told me that, you know, like ‘We all trust you, we all believe in you,’” Hocking said. “‘You’re fine, you can’t get frustrated and get mad like that. You just need to like keep going.’ Hearing that enforcement, that positive reinforcement from her being an older player just helped me for the next game.” Hocking has learned to control her fire on the pitch, but that’s never been a problem off of it. She’s majoring in computer science, an area of study that presents a tough workload to take on in addition to the hours required by a Division I sport. Hocking’s teammates and coaches alike have picked up on her thoughtful nature. Assistant coach Sammy Towne said she recalls a conversation she had with Hocking about Serena Williams’ argument with a referee at the 2018 U.S. Open. That will and confidence has allowed the sophomore forward to become one of the country’s premier players in a very short time. Despite coming off the bench for most of last season, Hocking led her conference with 14 goals, earning Pac-12 Freshman of the Year and All-Pac-12 second team honors. She followed her impressive freshman year by stepping into the role of starting forward. When the two sisters play now, Hocking said that the softer side of the family clearly shows. Immediate and extended family members always show up for the “Hocking Bowl,” and Penelope said she’s just happy to see Iliana after going months without seeing her. “It doesn’t surprise me that she’s going to thrive there, too and be great on the academic side, because that’s who she is,” he said. “And she’s going to strive to be No. 1 in whatever she does.” Hocking said it has been important for her to maintain that positive energy as she ascended as a team leader. “Every single practice one of us would be in the car dead quiet, all the time,” she said. “And it’s like a 45-minute drive home in silence, so it was kind of funny.” The two played for the So Cal Blues Soccer Club based in San Juan Capistrano, a long commute from their home in Anaheim. Iliana said she remembers some awkward situations that arose from the drive.  “Anything we played together, it was kind of just someone had to win,” Penelope said. “And if the other person lost, it was like, ‘Hey, don’t talk to them.’ Like they’re so mad.” “I just told her flat out … ‘I think you’re going to be an elite forward, I think you’re going to be special,’” McAlpine said. “‘We want you to be our number one, and that’s why we’re recruiting you.’ And I think it resonated with her because … she didn’t want to be just another number. She wanted to come in and carve out [a] space for herself.” “I don’t think I’m at my peak yet,” she said. “You know, I think that just motivates me because like, I won an award last year, [and] I wasn’t the best I could be. But now, I can work harder to achieve the next thing and the next thing.” “There was no stopping her from playing in the next game or anything,” McKeown said. “You could tell that there’s so much pain in her, but she didn’t want to let the team down, and she did everything to make the team better and try and get us to go further in the tournament. And that showed in the Florida State game when she scored the only goal we had, and you could tell how much pain she was in, but it wouldn’t show when she was on the field.”center_img “It’s nice during season to get the whole family together, because we really never get together with family because we’re all in different places,” she said. “It was nice to have my mom, my dad, my cousins, everyone at the game and having them watch both of us play again.” Hocking has already won multiple accolades during her first season and will definitely receive more for her efforts this year. She’s already one of the best players in college soccer but, unsurprisingly, Hocking isn’t satisfied just yet. A big reason for Hocking’s success is her fierce approach. Junior forward Tara McKeown, who has partnered with Hocking to form a formidable offensive duo, recalled that Hocking suffered a bad ankle injury against Long Beach State in the first round of the NCAA Tournament last season, but that her competitiveness helped her fight through the pain. While Penelope has always been a devoted student, Iliana said she didn’t find out about her sister’s interest in computer science until they were in college. McAlpine said Hocking’s prowess on the pitch and in the classroom are connected.  “I think it’s harder this year [compared] to year one, [when] you sneak up on people, and they’re not quite ready for you,” McAlpine said. “This year, everybody came into the year saying, ‘We’ve got to stop that kid.’ And so for us, the emergence of her as being able to wear that weight and still produce has been phenomenal.”  McAlpine knew how competitive the sisters get, and he took advantage of their sibling rivalry to motivate Hocking before the Trojans faced the Wildcats earlier this season. He said he told her the defense would be coming after her — trying to get under her skin while also emphasizing that the game was about USC vs. Arizona, not sister vs. sister. Hocking has shouldered the responsibility well, scoring 12 goals and adding five assists this season despite defenses keying in on stopping her.  However, she was immediately met with a positive, energetic culture. For example, she said senior midfielder Jalen Woodward helped her after a tough game against Utah last year. Hocking had missed on multiple opportunities and was frustrated, feeling she hadn’t helped the team. Hocking also learned how to be a supportive teammate from USC’s veteran players. Hocking came to USC late her freshman year because she was playing for the United States U-20 National Team in that summer’s World Cup, and she entered the program nervous about how she would fit in.  Sophomore forward Penelope Hocking led the Pac-12 in scoring last season despite coming off the bench. This year, she has embraced her starting role and remained productive with 12 goals. (Yannick Peterhans / Daily Trojan) Keidane McAlpine could sense Penelope Hocking’s competitiveness from the moment he met her. Although it was still relatively early in his tenure as USC’s women’s soccer head coach, McAlpine was straightforward in the expectations he set for the then-high schooler. USC begins what it hopes will be a long run in the NCAA Tournament with a first round home game against Cal State Fullerton Saturday. To do so, the Trojans will need Hocking to be better than ever.  “It was a really cool moment because she just came in the office, and we sat [and] kind of talked about how Serena handled this situation, and how it was such an incredible moment, I think, for women and women’s sports to really stand up for yourself,” Towne said. “And she is one that she’s going to fight, she’s going to compete, she’s going to stand up for herself.” “She understands what it is to be part of a team culture,” McAlpine said. “And as much as she’s hard on herself, she is forgiving of her teammates, even when she’s frustrated with them. You know, in one breath [she’ll] be like, ‘Hey, come on.’ Next breath, ‘You know what, I got you, you know, it’s OK. Let’s keep it going.’”last_img read more