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Open McDonald?s outlet, HC tells administration

THE ALLAHABAD High Court on Friday directed opening of McDonald?s restaurant at Civil Lines, which was sealed by the Allahabad Nagar Nigam and Allahabad Development Authority on June 1, 2006 on charges of flouting parking norms. McDonald?s, a fast food joint, had started functioning as part of Atlantis Mall, a multiplex, coming up on the Mahatma Gandhi Marg, Civil Lines.

india Updated: Jun 03, 2006 00:09 IST

THE ALLAHABAD High Court on Friday directed opening of McDonald’s restaurant at Civil Lines, which was sealed by the Allahabad Nagar Nigam and Allahabad Development Authority on June 1, 2006 on charges of flouting parking norms. McDonald’s, a fast food joint, had started functioning as part of Atlantis Mall, a multiplex, coming up on the Mahatma Gandhi Marg, Civil Lines.

This order was passed by a division bench comprising Justice Anjani Kumar and Justice Sunil Ambwani when the petitioner’s counsel gave an undertaking before the court that vehicles coming to fast food joint would be parked at the parking place constructed in the multi-complex building, where McDonald’s is situated.

The court passed this order on a writ petition filed by Ajay Singh, son of former Prime Minister VP Singh, who is director and owner of Atlantis Multiplex Pvt Limited.

Appearing on behalf of the petitioner his counsel Samit Gopal contended the seizure was illegal as the same was done without prior notice and also without giving any reason as to why it had been sealed. Appearing on behalf of the state, Chief Standing Counsel CB Yadav argued that this action had been taken in view of the High Court’s directive, passed in a public interest litigation that every multi-storied building must have a parking place and the vehicles coming to the building must be parked there itself.

Quamrul Hasan Siddiqui, the counsel for Nagar Nigam, Allahabad, also appeared on behalf of Nigam during the court proceedings.

Govt advocate asked to file reply
THE ALLAHABAD High Court has directed the Government Advocate to file reply (counter-affidavit) in a bail application filed by two persons accused in the trade union leader Amrendra Kumar Pandey murder case. Pandey, who was killed on March 24, 2006, was president of Triveni Sheet Glass Factory, Iradatganj, Ghoorpur. The deceased’s refusal to desist from trade union activities was alleged to be the reason behind the murder.

Triveni Sheet Glass Factory’s chief security advisor KK Gupta and Deputy General Manager CP Yadav had moved this application contending that there was no evidence to implicate them in this murder case.

Opposing the bail application Government Advocate Vijay Shankar Mishra sought time to file reply in this case.

After hearing both the sides, Justice Shiv Shankar, while taking time to file reply, fixed June 5, 2006 for the next hearing of the case.

CBI told to probe murder case
THE ALLAHABAD High Court has directed the CBI to investigate a murder case, which was closed by the investigating officer (IO) Ram Nagina Singh, Inspector Kotwali Hata, district Kushinagar. The high court stated the deceased had died due to a heart ailment and it was not a case of murder. The investigation officer even preferred a private doctor’s report and had rejected the government doctor’s post-mortem report which showed the deceased died due to ante mortem injuries.

Passing this order, a division bench comprising Justice Imtiyaz Murtaza and Justice Amar Saran also directed the CBI to examine the role of the IO and to compare whether the version of heart attack set up by the accused and private doctors, was to be preferred to the version of homicidal death mentioned in the post-mortem report. The court also directed the SP/SSP, Kushinagar, not to entrust investigation in serious offences like murder to the investigation officer.

The court directed the CBI to try and conclude the investigation within three months and to submit a report to the court in the first week of September. To recall in the FIR lodged by Vidya Prakash Pandey, uncle of the 58-year-old deceased Ramesh Chand Pandey, alleged after his wife’s death, the deceased had become mentally disturbed. He was kept by the accused, Manokamna Tiwari, a police constable of Police Station Tarkulwa, Kushinagar and his wife Rajkumari Devi in their house as they were trying to grab his property.

After his death in the house of the accused, the couple claimed the deceased had died of heart attack. The post- mortem report, however, showed his death to be homicidal. He did so on the ground the photograph of Ramesh did not show any injury on the face of the deceased.

The court observed the cheek injury could have been missed in the photograph as the deceased sported a beard. So far as the injury on the left ear of the deceased was concerned, the post-mortem report showed a lacerated wound.

Strangely, in the copy of the inquest report which was filed by Rajkumari Devi for quashing the FIR in the 302 (murder) case against her, there was no injury on the deceased.

First Published: Jun 03, 2006 00:09 IST