Indian Penal Code, 1860 (45 of 1860), Section 285, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Petitioners/ accused had put the scrap articles on fire, which had caused damage to the property of complainant -- Nature of dispute between the parties is by and large private in nature -- Final outcome of prosecution against the petitioners either way is not going to harm the interest of society at large -- Both sides belong to the same area and have their business premises nearby – Petition allowed, FIR u/s 285 and 34 of IPC alongwith consequent criminal proceedings quashed.

(Para 3, 6-9)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case – Anticipatory bail – Cultivation of 278 plants of cannabis –Demarcation got conducted, which reveals that concerned khasra number though was in possession of accused, but was under co-ownership of several individuals – Custodial interrogation of accused not required by the Investigating Agency – Anticipatory bail granted.

(Para 3-5)

Himachal Pradesh Excise Act, 2011 (33 of 2012), Section 39(1)(a) (c), 47, 50 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 468, 471, 304, 120-B --  Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Regular bail – Conspiracy to manufacture and sale of spurious liquor – Petitioner is alleged to have supplied caps for bottling of spurious liquor -- Petitioner is in custody since 19.04.2023 -- Pre-trial incarceration is not the rule -- Many of the co-accused have already been released on bail – Investigation complete, Challan presented in Court -- No fruitful purpose would be served by prolonging custody of accused till conclusion of trial, which is likely to take some time -- Bail allowed.

(Para 7-11)

A. Indian Penal Code, 1860 (45 of 1860), Section 489C – Fake currency -- Recovery of two fake currency notes of Rs.100 each – Acquittal by Trial Court -- Judgment of acquittal strengthen the presumption of the innocence of the accused -- Articles recovered in Dharamshala were not sealed on the spot – No independent witness examined -- Prosecution has neither disclosed the name of the manager and the staff of the said Dharamshala, in whose presence the alleged recovery is said to have taken place, nor the signature of any of them is on the recovery memo, nor the register of Dharamshala has been produced by the prosecution – Acquittal order by the Trial Court, upheld -- Appeal dismissed.

(Para 13-24)

B. Indian Evidence Act, 1872 (1 of 1872), Section 25, 26 -- Section 25 of the Act, 1872 is broadly worded and it excludes from evidence a confession made by the accused to a police officer under any circumstances and a confession made by a person while he was in the custody of the police is also inadmissible u/s 26 of the Indian Evidence Act, 1872 unless made in the immediate presence of a Magistrate.

(Para 15)

Electricity Act, 2003 (36 of 2003), Section 135 – Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2007, Regulation 21.2(c), 37.2 (a)(ii) – Theft of electricity -- Complaint of meter burnt was given by the appellant to the respondent department -- Entire material washed out and is not available -- Case of the respondent department becomes doubtful that whether wire was connected by the appellant or by the respondent Department and therefore, appellant is liable to get the benefit of the extended scope of Regulation 21.2(c) of the Supply Code 2007 – Procedure regarding seizure of equipments used for the purpose of theft or tampering was not followed by the raiding team -- Meter in question was not taken into the possession, no photography or videography of the incident was conducted – Appeal allowed, appellant acquitted of the charges.

(Para 8-12)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) – Offence under SC/ST Act -- Mens rea -- Delay of two days in FIR -- Except abusing the complainant with her caste name, there is no allegation that the appellant with a view to intentionally insult or intimidate or humiliate the complainant, abused her and that too in a place within the public view -- To attract the offence punishable u/s 3(1)(x) of the SC & ST Act, the mens rea is the essential ingredient -- If in the course of a quarrel or due to some other grouse, the accused abused the complainant by using the caste name, the said act by itself does not automatically attract the offence Section 3(1)(x) of the SC & ST Act -- Appellant acquitted.

(Para 10-14)

B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) – Offence under SC/ST Act -- Public view -- The expression “public view” as enshrined in Section 3(1)(x) of the SC & ST, has to be interpreted to mean that the public persons present (howsoever small number it may be), should be independent and impartial and not interested in any of the parties.

(Para 10)

C. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) – Code of Criminal Procedure, 1973 (2 of 1974), Section 154 -- Offence under SC/ST Act -- Incident of 08.00 PM on 22.05.2005 -- Complainant had ample opportunity to report the matter to the police, still the report was lodged at about 7:30 PM on 24.05.2005, after a delay of about two days and there is no explanation for the said delay -- Prosecution did not lead any evidence to indicate the sufficient reasons for reporting the matter so late -- Lodging of the complaint after an unexplained and inordinate delay is also a strong circumstance to doubt the commission of offence.

(Para 11)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 243 -- Defence witness – Evidential value -- Deposition of a defence witness cannot be discarded or disbelieved only on the ground that he was supporting the case of the accused -- Every defence witness has to be treated at par with a prosecution witness and if the deposition of a defence witness is found to be creditworthy, the same can always be believed and relied upon by the courts.

(Para 12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 -- Summoning as additional accused – Discretionary power of court -- Pre-requisites -- For exercise of the power u/s 319, Cr. PC is that the evidence on record must show the involvement of a person in the commission of a crime and that the said person, who has not been arraigned as an accused, should face trial together with the accused already arraigned -- However, the court holding a trial, if it intends to exercise power conferred by section 319, Cr. PC, must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction.

(Para 9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 -- Indian Penal Code, 1860 (45 of 1860), Section 419, 420, 323, 406, 506 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r) & (s) -- Summoning as additional accused – FIR is not such where one finds complete absence of any reference to the brother of “D” who had joined “D” in assaulting and abusing the complainant or that the allegations are entirely “D” centric with none else playing any role -- It is not that involvement of brother of “D” in the crime is being referred to for the first time in the court – Appellant was not named in the FIR; but, that by itself, cannot be held to be decisive -- Once it is conceded that the appellant is a sibling of one of the named assailants, the material for forming the requisite satisfaction cannot be said to be non-existent -- Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with “D” -- Order of the Special Bench and High Court affirming it cannot be faulted -- Appeal dismissed.

(Para 10-13)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 143(3) – Cheque bounce complaint – Speedy trial -- Complaint is still pending for the service of respondent despite the fact that the complaint was instituted five years back – It would be in the interest of justice that the trial Court be directed to decide the complaint in a time bound manner -- Court of learned ACJM, is lying vacant, therefore learned CJM directed to withdraw the case and to transfer the same to any other competent court who shall decide it as expeditiously as possible preferably within a period of six months.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 323, 325 – Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Murder – Life imprisonment – Suspension of sentence in appeal -- Applicant/appellant No.5 has already undergone actual custody of 02 years, 03 months and 04 days – Sentence of co-convicts has already been suspended by – Appeal is not likely to be heard in the near future – Without commenting on the merits of the case remaining sentence of applicant/appellant No.5 suspended during the pendency of the appeal.

(Para 6-7)

A. Drugs and Cosmetics Act, 1940 (23 of 1940), Section 18(A)(1), Section 28 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 468, 469 – Limitation – Bar to take cognizance – Quashing of criminal complaint/ proceedings -- Maximum punishment of one year for alleged offence -- Section 468 of the Cr.P.C. bars the concerned Court from taking cognizance after lapse of the period of limitation – Report of the Laboratory was received on 05.03.2009 & thus, the limitation to file complaint would expire on 04.03.2010 while the same has been filed by the Drug Inspector on 07.06.2012 i.e. approximately after 3 years and 3 months when period of limitation was long over – Despite of there being no application for condonation of delay, summoning order dated 08.06.2012 was passed by the Court clearly beyond jurisdiction -- Entire proceedings right from registration of the complaint are rendered unsustainable.

(Para 8-10)

B. Drugs and Cosmetics Act, 1940 (23 of 1940), Section 18(A)(1), Section 28 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Firm as accused without any representative -- Quashing of criminal complaint/ Summoning order -- In the complaint, only the firm has been arrayed as accused without impleading it through any of its authorised representative -- Criminal proceedings against the company only, when sentence of imprisonment cannot be imposed on the juristic person are an exercise in futile -- Petition allowed, Criminal Complaint, summoning order and all other consequential proceedings quashed .

(Para 11, 12)

Indian Penal Code, 1860 (45 of 1860), Section 420, 465, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 41, 41A, 439 – Cheating – Forgery – Regular bail – Non-compliance of notice u/s 41, 41A of Cr.P.C -- Petitioner is in custody since 13.04.2023 – Investigating agency is duty bound to comply with the mandate of Sections 41 and 41-A Cr.P.C -- Directions issued by the Hon'ble Apex Court in Arnesh Kumar's case 2014 (8) SCC 273 = (2014) Law Today Live Doc. Id. 15107 are to be mandatorily complied with -- Court is required to satisfy itself on the compliance of Sections 41 and 41-A Cr.P.C. and non-compliance would entitle the accused for grant of bail -- No notice issued to the petitioner, therefore Court deemed appropriate to grant regular bail to the petitioner.

(Para 4-7)

Indian Penal Code, 1860 (45 of 1860), Section 353, 332, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR  -- Acquittal -- Offences alleged are petty in nature – No impediment in accepting the prayer made by petitioners for quashing of FIR – FIR alongwith consequential proceedings i.e. Police Challan quashed and set aside and petitioner acquitted of the charges framed against him.

(Para 10, 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c) -- NDPS Case – Acquittal – FSL Report – Case property travelled in an untampered condition to the FSL -- However, the chemical examiner at the FSL after making examinations of the stuff inside the sealed cloth parcels, omits to mention in the report Ex.PW-1/J, about his re-enclosing the examined stuff inside the cloth parcels and affix the seals of the FSL – It was required to be mandatorily done -- Primary evidence for proving the charge drawn against the accused come under a cloud of deep suspicion -- Charge drawn against the accused did not come to be cogently established – Appeal allowed, judgment of conviction and sentence set aside, appellant acquitted of the charge.

(Para 13-19)

Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail -- Investigation already stands concluded – Charges framed -- Even after the expiry of more than 2 years and 5 months of custody, only one witness (complainant) has been examined that too partly as his cross-examination is yet to commence, whereas there are total 20 witnesses cited by the prosecution and thus trial is likely to take time -- Considering the long incarceration of the petitioner, who is not involved in any other case and one of the co-accused in similar circumstances with same allegations has already been released on bail -- Court do not see any justification to extend his incarceration any further --  Petition allowed.

(Para 6, 7)

Prevention of Corruption Act, 1988 (49 of 1988), Section 17A (as amended by the Act of 2018) – Enquiry/ Inquiry/ investigation of offences -- Complaints against Panchayat officers/ Sarpanch -- Whether the protection under Section 17-A of the Prevention of Corruption Act, 1988 against the initiation of enquiry or inquiry or investigation without the previous approval of the competent authority is omnibus, universal and absolute so as to take within its sweep all the offences triable under the 1988 Act?”

-- Sufficient amount of fund under the various schemes is provided to the gram panchayats which is required to be spent under the overall guidance of the officials of the Rural Panchayat and Development Department -- In order to ensure that the funds are spent on the development and growth of the village, it is necessary to provide proper checks and balances – Office bearers who are covered by the definition of the public servants are required to be protected from the false complaints, however, at the same time, there is a requirement to bring transparency in use of the public funds -- In these circumstances, such public servants cannot be given a special privilege unless so intended by the Statute.

Writ petitions dismissed with the liberty to the petitioners to take all the objections before the Vigilance Bureau or before the trial Court.

(Para 31)

Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (20 of 2015), Section 13(2) -- Indian Penal Code, 1860 (45 of 1860), Sections 279, 307, 336, 34, 427 -- Prevention of Cruelty to Animals Act, 1960 (59 of 1960), Section 11 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cruelty to animal/ cow -- Regular bail – Concealment w.r.t. earlier FIR -- Allegations against the petitioner are very serious, he, along with others, was carrying cows in a pitiable condition in a Bolero pick-up during midnight -- When the complainant tried to stop them, they rammed their vehicle against the vehicle of the complainant and ran away -- Even stones were thrown on the complainant party and cows, which were being carried allegedly for slaughtering, were also thrown in their way to stop the complainant party to chase them -- Trial of the case is yet to start -- Keeping in view the fact that the petitioner has tried to mislead the Court and the gravity of offence, petition dismissed.

(Para 8-11)

A. Indian Penal Code, 1860 (45 of 1860), Section 313, 325 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Miscarriage – No medical evidence -- Quashing of complaint/ summoning order -- Though wife of the complainant, was pregnant, there is absolutely no evidence on record of a miscarriage having taken place on account of beatings being meted out by the petitioners and their co-accused -- Similarly, there is absolutely no evidence of the injured suffering an injury attracting Section 325 IPC -- Complaint, summoning order and subsequent proceedings quashed qua the petitioners.

(Para 8, 9)

B. Indian Penal Code, 1860 (45 of 1860), Sections 342, 452 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Wrongful confinement -- House trespass – Quashing of complaint/ summoning order -- Complainant party and the accused reside on different floors of the same house -- Therefore, while on the one hand, it is doubtful if either of the offence was made out, on the other hand, it would be a travesty of justice to allow the instant proceedings to continue against the petitioners given the fact that there are multiple litigations pending between the parties, and therefore, their false implication cannot be ruled out – Complaint, summoning order and subsequent proceedings quashed qua the petitioners.

(Para 8)

C. Indian Penal Code, 1860 (45 of 1860), Section 323 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Hurt – Long delay -- Quashing of complaint/ summoning order -- Though prima facie, the medical evidence would suggest that an offence is made out, however, the occurrence pertains to September 2006, the present complaint came to be instituted in June 2012, the summoning order came to be passed in August 2016 and the matter has come up for hearing now in May 2023 -- Therefore, it would be a travesty of justice to permit the prosecution of the petitioners for an offence u/s 323 IPC alone after 17 years of the alleged occurrence -- Complaint, summoning order and subsequent proceedings quashed qua the petitioners.

(Para 8)

A. Constitution of India, Article 21 – Presumption of innocence -- Accused is presumed to be innocent until proven guilty -- Presumption of innocence is a facet of Article 21 of Constitution of India.

(Para 18)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 205, 317 – Exemption from appearance of accused -- Following parameters can be applied for grant of exemption from personal appearance by the Courts while exercising power under Sections 205 and 317 of the Code -- The personal appearance of the accused should be dispensed with when the accused is:-

i) a woman;

ii) an elderly person;

iii) a person with disability;

iv) when accused is facing inconvenience and unjustified ordeal on account of delay in trial attributable to the prosecution;

v) facing extreme hardship i.e. economic and physical;

vi) required to travel a long distance to attend the trial.

These instances are not exhaustive but only illustrative.

(Para 19)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 205, 317 – Exemption from appearance of accused -- When the presence of an accused becomes indispensable at any subsequent stage of an inquiry or trial, the Court has ample powers to secure his presence in such eventuality – One size fits all approach cannot be taken while exercising the powers u/s 205 and 317 as each case is required to be assessed on its own facts and circumstances.

(Para 20)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 205, 317 – Exemption from appearance of accused -- If the trial is being delayed on account of the absence of the accused when the witnesses are required to identify him, the accused can be directed to be present for this purpose -- Courts should only order appearance of the accused when it becomes indispensable.

(Para 22)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 205, 317 – Sections 341, 379, 448, 451, 452, 506, 34 -- Exemption from appearance of accused – High Court exempted personal appearance of accused before Trial court subject to the following conditions:

i) Petitioners shall be represented through their counsel;

ii) shall not delay/stall the trial proceedings;

iii) shall not dispute their identity as accused;

iv) shall have no objection if the prosecution evidence is recorded in their absence but in the presence of their counsel;

v) shall appear before the trial Court as and when required; and

vi) any other condition which the trial Court may impose.

(Para 23)

Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 324, 506 -- Arms Act, 1959 (54 of 1959), Section 25, 27, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Conviction by Trial court – Compromise quashing of FIR -- Acquittal -- Petitioners and private respondents are closely related to each other -- Steps taken by the parties to instant petition cannot be said to have any adverse impact on the interest of the society as a whole -- Dispute was more or less private in nature -- FIR along with all consequential proceedings quashed -- Conviction and sentence set aside and petitioners are acquitted.

(Para 11-13)

Constitution of India, Article 226 – Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Murder -- Life imprisonment – Premature release – Non-deposit of fine – Not known to anyone in locality – Ground of rejection -- Petitioner requires to undergo actual sentence of 10 years; and sentence of 14 years by including the remission period, as per Policy, but despite having undergone actual sentence of more than 14 years; and total sentence of more than 22 years by including remission;

-- In case, petitioner has not paid the fine imposed by the court, he is required to undergo default sentence as per the trial court judgment but that cannot be reason to consider petitioner’s case for premature release.

-- If family of petitioner has shifted from earlier address, that again cannot be the reason to decline the relief, once petitioner has fulfilled the parameters provided in the policy.

-- simply because petitioner is not known to anyone in Ludhiana, cannot be a ground to presume that his presence there will create a law and order situation.

Petition allowed, respondents directed to release the petitioner forthwith, if not required in any other case.

(Para 1, 5-10)

Indian Penal Code, 1860 (45 of 1860), Section 159, 160 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Affray – Quashing of FIR -- Alleged fight was between two friends, dining together at a Dhaba on a highway in the wee hours of the morning -- Allegation of them being under the influence of liquor was not shown to have been confirmed by the medical report -- No injury was reflected – No material that there was a supervening apprehension of threat or danger to a third person present at the spot, eventuating in the peace being disturbed -- Suffice it to say that the FIR ex facie lacks the basic ingredients of the offence under Section 159 IPC, for which the petitioner has been made to stand trial -- Allowing the proceedings to continue against the petitioner would be an abuse of process of law -- FIR and consequential proceedings emanating therefrom are hereby quashed.

(Para 5-16)

Indian Penal Code, 1860 (45 of 1860), Section 363, 366A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Kidnapping -- Quashing of Charge-sheet and entire criminal proceedings – Main accused acquitted and married the victim -- Victim did not support the case of prosecution – Both the applicants are in-laws of victim with whom the main accused and victim are residing peacefully with girl child -- Held, if in the above scenario the applicants are directed to face the trial, it would be the travesty of justice and abuse of process of law for the reason that this trial would result into acquittal – Supplementary charge-sheet quashed and accordingly the summoning order as well as the entire proceedings of Criminal Case quashed.

(Para 8-10)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) -- Intentionally insulting a member of a Scheduled Caste or a Scheduled Tribe in any place within public view – Neither the first F.I.R. nor the charge-sheet refers to the presence of a fifth individual (a member of the public) at the place of occurrence (apart from the appellant, the complainant, his wife and their son) -- Since the utterances, if any, made by the appellant were not “in any place within public view”, the basic ingredient for attracting section 3(1)(x) of the SC/ST Act was missing/absent.

(Para 17)

B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) -- Intentionally insulting a member of a Scheduled Caste or a Scheduled Tribe – If one calls another an idiot (bewaqoof) or a fool (murkh) or a thief (chor) in any place within public view, this would obviously constitute an act intended to insult or humiliate by user of abusive or offensive language -- Even if the same be directed generally to a person, who happens to be a Scheduled Caste or Tribe, per se, it may not be sufficient to attract section 3(1)(x) unless such words are laced with casteist remarks.

(Para 18)

C. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(x) -- Intentionally insulting a member of a Scheduled Caste or a Scheduled Tribe in any place within public view – Trial of accused -- Before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R. but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence under the SC/ST Act having been committed for forming a proper opinion in the conspectus of the situation before it, prior to taking cognizance of the offence.

(Para 18)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b)(ii)(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused/ appellant.

(Para 8)

A. Indian Penal Code, 1860 (45 of 1860), Section 307 -- Attempt to murder – Injuries not dangerous -- Mere factum that the injuries sustained by the complainant, not being life endangering injuries, would not make convict to escape from penal liability as enshrined in Section 307 of the IPC.

(Para 23)

B. Indian Penal Code, 1860 (45 of 1860), Section 307 -- Attempt to murder – Acquittal -- Non-sharing of mens rea -- Only convict was in command of the steering wheel of the offending vehicle, whereas, the other co-accused were sitting thereins with him -- Unless, there was evidence on record suggestive, that the other co-accused in the offending vehicle, instigating him to ply the offending vehicle in an ill-manner, so as to result in its colliding with the Activa Honda driven by the complainant-victim, thereupon, there would be no sharing of mensrea – No such evidence is existing on record -- Co-accused did not join him, through theirs instigating or goading him --Acquittal of co-accused upheld.

(Para 26)

Constitution of India, Article 20, 142 – Voice sample – Right to Privacy -- Magistrate is given the power to order for collection of voice sample for the purpose of investigation of a crime until explicit provisions are engrafted in the CrPC by the Parliament -- Such direction was issued by invoking powers under Article 142 of the Constitution of India – No infirmity with the impugned judgment of the High Court as also of the Special Court ordering the accused to give his voice sample to facilitate investigation of the crime. Ritesh Sinha’s case (2019) 8 SCC 1 relied.

(Para 3, 4)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – Cheque bounce complaint – Account holder -- Joint liability – For an offence u/s 138 to be made out a cheque has to be issued by the account holder under his name and signature -- It is only the holder of the account on which the cheque is drawn can be made liable and such culpability cannot be extended to others except as provided u/s 141 N.I. Act.

(Para 13)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce complaint -- Joint liability – Joint Account – Signatory of cheque – Requirement of -- In case of individual persons, a person other than a person who has drawn a cheque on an account maintained by him cannot be persecuted for an offence u/s 138 N.I. Act, unless the bank account is jointly maintained and that he was a signatory to the cheque.

(Para 14)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce complaint – Bank also summoned – Quashing of proceedings -- Petitioner/Bank has been made a party by the complainant where no role can be attributed to the bank -- Bank is only the custodian of the money of the customers and has to comply with the instructions of such customers -- In case of insufficiency of funds, the bank is only to report the same and as such, cannot by any stretch of the imagination be liable for any act of the customer who has issued the cheque which was later dishonoured – Proceeding as against the petitioner/ Bank set aside and quashed.

(Para 15-17)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Fraud -- Anticipatory bail – Petitioner executed agreement to sell in favour of KS and power of attorney was duly executed and registered before the Sub Registrar, wherein he was photographed -- Petitioner fraudulently entered into an agreement to sell with the complainant also regarding the same piece of land and accepted the earnest money, however, did not execute the sale deed -- Land sold through KS to another person -- Intention to defraud from the very inception – Anticipatory bail declined.

(Para 7-9)

Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 4, 45 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Offence under Money-Laundering Act – Regular bail -- High Court has neither considered the rigour of Section 45 of the PML Act, 2002 nor has considered the seriousness of the offences alleged against accused for the scheduled offences under the PML Act, 2002 -- High Court has not at all considered the fact that the investigation by the Enforcement Directorate for the scheduled offences under the PML Act, 2002 is still going on – Impugned orders passed by the High Court enlarging respective respondent No. 1 on bail are unsustainable -- Matters remitted back to the High Court for afresh decision on the bail applications.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 201, 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail -- Petitioner has undergone actual custody of 04 years, 10 months and 07 days -- Only 06 Pws have been examined out of a total of 23 Pws -- It is thus evident that the trial is not likely to be concluded at an early date -- Keeping in view the period of custody undergone, Court deemed it appropriate to grant him regular bail.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34, 120B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- Murder – Regular bail -- Petitioner in custody for a period of 05 years, 09 months and 23 days -- Trial is getting delayed and speedy trial is a constitutional right provided to an accused under Article 21 of the Constitution of India -- Furthermore, the petitioner also becomes entitled to bail on the principle of parity as co-accused has been granted bail – Petition allowed and petitioner ordered to be released on bail.

(Para 4, 5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 -- Indian Penal Code, 1860 (45 of 1860), Section 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Dishonour of cheque – Compounding of offence – Consent of complainant -- An application for compounding of the offence moved by the petitioners stating that they were ready to pay the cheque amount – Application was contested by the respondent-complainant, dismissed by trial Court upheld by Appellate court – Held, without consent of the complainant, compounding cannot be permitted – Revision dismissed.

(Para 8)

A. Indian Penal Code, 1860 (45 of 1860), Section 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – House trespass -- Exclusive possession – Framing of charge -- Nothing placed on record by the petitioner to even prima facie show exclusive possession of the property in dispute -- Once this had not been proved, no offence would be made out u/s 452 IPC -- Trial Court rightly did not frame any charge u/s 452 IPC – Revision dismissed.

(Para 10-12)

B. Indian Penal Code, 1860 (45 of 1860), Section 379, 380 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – Theft – Framing of charge -- Apart from the bald statement that the respondent alongwith his accomplices had taken away the articles, no evidence led -- Prima facie case should be made out and charges cannot be framed on mere assumptions and presumptions or on the mere bald statements of the complainant and the witnesses -- Courts below, therefore, rightly did not frame any charge under Sections 379 and 380 IPC -- Revision dismissed.

(Para 10-12)

C. Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211 – Criminal intimidation – Framing of charge -- Charges framed u/s 506 IPC only as the respondent is alleged to have given threats to the petitioner that he would be eliminated -- No other evidence could have been produced -- Only the statement of the petitioner was sufficient -- Charge u/s 506 IPC upheld.

(Para 10-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 156(3), 401 -- Opportunity of hearing to proposed accused in revision – Requirement of -- Revision against order of dismissal of application u/s 156(3) Cr.P.C. allowed – Direction by High Court to register FIR against appellant -- Proposed accused were not served notice of the revision proceedings, the order passed by the High Court is in the teeth of the provisions of sub-section (2) of Section 401 of the Code -- Impugned order set aside, matter remitted back to the High Court to decide the revision afresh in accordance with law.

(Para 6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 13, 18, 20 -- Explosive Substances Act, 1908 (6 of 1908), Section 4, 5 – Default bail -- If on expiry of period of 90 days, from the causing of arrest of the accused concerned, no charge sheet is filed before the jurisdictionally competent court nor when any able extensions of time for the relevant time are granted, accused concerned entitled to claim default bail, from the jurisdictionally competent court.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Sections 13, 18, 20 -- Explosive Substances Act, 1908 (6 of 1908), Section 4, 5 – Default bail -- Jurisdictionally competent court -- Accused arrested on 5.8.2022, instituted an application for default bail before SDJM on 5.11.2022 -- Period of 90 days had then elapsed -- However, the jurisdiction to enter upon a valid trial of UAPA offences became divested from the SDJM, became vested in the Designated Special Court – Application was dismissed with liberty to approach jurisdictionally competent court -- Fresh application for default bail moved before the learned ASJ on 11.11.2022 – In the meantime challan under Section 173 Cr.P.C. filed on 7.11.2022 – Default bail declined by Court -- Appeal dismissed -- Impugned order as passed by the learned ASJ upheld.

(Para 6, 13-21)

A. Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Murder – Acquittal -- Separate charge u/s 452 read with 120-B of IPC was framed against all accused except the appellant – Thus charge framed against the appellant was of being a party to criminal conspiracy -- There is also a charge that all the accused fired bullets from their revolver -- Appellant’s presence with a weapon outside the premises where the offence took place – Prosecution examined 37 witnesses -- Appellant was not confronted during his examination u/s 313 of CrPC with the only allegation of the prosecution against him – Serious prejudice was caused to the appellant – 27 years have passed since the date of the incident -- Appellant has already undergone incarceration for a period of 10 years and 4 months -- Option of remand will be unjust -- Appeal allowed, conviction and sentence of the appellant set aside.

(Para 18-23)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Circumstances appearing against accused – Putting the same to accused – Law summarised as follows:

(i) It is the duty of the Trial Court to put each material circumstance appearing in the evidence against the accused specifically, distinctively and separately. The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction;

(ii) The object of examination of the accused under Section 313 is to enable the accused to explain any circumstance appearing against him in the evidence;

(iii) The Court must ordinarily eschew material circumstances not put to the accused from consideration while dealing with the case of the particular accused;

(iv) The failure to put material circumstances to the accused amounts to a serious irregularity. It will vitiate the trial if it is shown to have prejudiced the accused;

(v) If any irregularity in putting the material circumstance to the accused does not result in failure of justice, it becomes a curable defect. However, while deciding whether the defect can be cured, one of the considerations will be the passage of time from the date of the incident;

(vi) In case such irregularity is curable, even the appellate court can question the accused on the material circumstance which is not put to him; and

(vii) In a given case, the case can be remanded to the Trial Court from the stage of recording the supplementary statement of the concerned accused under Section 313 of CrPC.

(viii) While deciding the question whether prejudice has been caused to the accused because of the omission, the delay in raising the contention is only one of the several factors to be considered.

(Para 16)

Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 370, 120B -- Punjab Prevention of Human Smuggling Act, 2012 (2 of 2013), Section 13 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Smuggling of human – Cheating -- Anticipatory bail --  Allegations against the petitioner are he along with other co accused cheated the complainant to the tune of Rs 33,00,000/- on the pretext of sending complainant’s son to USA -- Petitioner is the father of the main accused -- Given the penal provisions imposed and the sentence provided by the Legislature, the nature of allegations coupled with the fact that the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct – Petition allowed.

(Para 1-9, 24)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case – Proclaimed person – Quashing of FIR u/s 174A IPC-- FIR on account of absence of the petitioner which was subsequently regularized on his appearance after he was granted bail by the Court -- Continuation of the proceedings u/s 174-A of IPC shall be abuse of the process of the Court – Order declaring Proclaimed Person along with subsequent proceedings arising out of the same including FIR u/s 174-A of IPC quashed, subject to payment of Rs.25,000/-.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 304A -- Accident by rash and negligent driving – Acquittal – Defence witness -- Two deaths have taken place in the accident -- Instead of believing the defence of the accused, which is corroborated by the testimony of DW1 and DW2, the Courts below have relied upon the testimony of PW1 and PW2, sons of the deceased -- A defence witness is as competent as the prosecution witness and testimony of both of them stand on the same pedestal -- It is duty of the Court to analyse the statements of both the sides on equal parameters in order to judge their truthfulness -- Defence pleaded by the accused and supported by DW1 and that of DW2 is highly probable and, therefore accused deserve to be given the strong benefit of doubt – Petitioner/ accused is acquitted of the charges.

(Para 11, 12)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138(b) – Dishonour of cheque – Demand notice – Demand of other amount than cheque – Legality of -- In a demand notice, if other amounts is mentioned with the cheque amount in a separate portion in detail, the said notice cannot be faulted in a legal term of the Section 138 (b) of the Act, 1881.

(Para 24)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail -- Rape – Consenting party --  Misrepresentation -- In statement u/s 164 prosecutrix has categorically stated that they became friends through Facebook; he told her that he is Hindu and on his Facebook profile also he used his surname as “Dixit” and at the inception of the relationship applicant/ accused misrepresented himself and trapped the prosecutrix in his love; had applicant/accused not misrepresented to be of her faith, the prosecutrix would not have given in to the applicant/accused – Anticipatory Bail rejected.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Section 34, 120-B, 212, 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder –Regular bail -- Allegations against the petitioner are that he conspired with BK and provided him exact location of the deceased and thus facilitated him in committing murder – Petitioner is in custody since 28.02.2022 and during investigation, no weapon recovered from his possession – Trial will take time to conclude -- Another accused named in the FIR is already granted concession of regular bail -- No fruitful purpose is going to be served by prolonging judicial custody of the petitioner for indefinite period – Bail allowed.

(Para 5, 6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 190, 202 -- Indian Penal Code, 1860 (45 of 1860), Section 500, 34 – Defamation -- Petitioners/ accused are residents of Kapurthala, much beyond the jurisdiction of the Courts at Chandigarh, it was required for learned Magistrate to make compliance of the provisions of Section 202 Cr.P.C.

(Para 8)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 190, 202 -- Indian Penal Code, 1860 (45 of 1860), Section 500, 34 – Defamation -- Accused residing beyond jurisdiction of the court – Non-compliance of Section 202 Cr.P.C. -- In case inquiry as contemplated u/s 202 Cr.P.C is conducted through the Police or any person authorised by the court and the accused is involved in the inquiry, he will be able to put forth his defence and then, on the basis of the report to be submitted by the Police or the authorised person, Court will be in a better position to come to the conclusion as to whether there is sufficient ground for proceeding or not, for summoning of the accused – Matter remanded back to the trial Court to make compliance of Section 202 Cr.P.C and only thereafter, proceed further in accordance with law.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 306, 384, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment of suicide – Anticipatory bail -- No post mortem conducted – Death on 02.09.2021, matter was reported to the police on 05.09.2021 -- Allegations of honey trapping and black mailing in the FIR but the exact date and month of the same is not given -- Genuineness of the suicide note will be determined by the trial Court, after the recording of evidence -- Mens rea, if any, on the part of the petitioners, is also matter of evidence -- No prior complaint with regard to alleged honey trapping and black mailing of the deceased by the petitioners -- Further, the petitioners have joined the investigation -- Petition allowed and interim order made absolute.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, 411 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 – Chain snatching case -- Appeal against conviction – Suspension of sentence -- Appeal is of the year 2022 -- Applicant-appellant has undergone 01 year, 08 months and 11 days out of the sentence awarded of 05 years and the appeal is not likely to be taken up for final hearing anytime in the near future – Applicant-appellant is not involved in any other case, further incarceration is not required – Sentence suspended.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Section 379-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 – Chain snatching case -- Appeal against conviction – Suspension of sentence – Applicant has undergone total custody of 01 year & 09 months (1/3rd) out of the substantive sentence of 05 years -- Without commenting on the merits of the case the application allowed and the sentence of the applicant/ appellant suspended during pendency of the appeal.

(Para 1, 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 384, 385, 386, 387, 506(1), 506(2), 507, 201, 120B -- Gujarat Control of Terrorism and Organised Crime Act, 2015 (24 of 2019), Section 3(1), 3(2), 3(3), 3(4), 3(5), 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Extortion – Regular bail -- Alleged that appellant threatened the victim and concerned witnesses to cancel the land deal or to pay a sum of Rs.1,00,00,000/- (Rupees One Crore), which they refused – Role of the appellant is that he was involved in intimidating and threatening the victim on behalf of the accused no.1 for ensuring the victim’s compliance with the extortion demands -- Alleged that the appellant owns properties derived from funds of organised crimes -- Further it is revealed that the Appellant was directly involved in collecting the sum(s) extorted from the victim in the city, and that he has also been found to be involved in passing on information which is likely to assist the crime syndicate in its activities, thereby abetting the actions of the gang :

-- Had there been no other case against the Appellant and no material, at least prima facie, to indicate his regular participation in any crime, the Court could have considered his prayer, but keeping in view his alleged role, Court not inclined to exercise discretion in his favour, for now.

-- The fact, that out of the twelve charge-sheeted accused, six co-accused have not been granted bail, five have availed the benefit of default bail and only one is on regular bail, have also persuaded the Court not to interfere.

At the present juncture prayer for bail rejected, however, the stand taken on behalf of the State that the prayer for bail of the Appellant may be considered only after the protected witnesses are examined and six months’ time sought -- Upon the completion of recording of statements of the said protected witnesses, the Appellant is at liberty to renew his plea for bail.

(Para 3, 9, 13-15)

Indian Penal Code, 1860 (45 of 1860), Section 386, 387, 506(1), 506(2) – Gujarat Control of Terrorism and Organised Crime Act, 2015 (24 of 2019), Section 3(1), 3(2), 3(3), 3(4), 3(5), 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Extortion – Regular bail – Allegation that appellant was in close contact with accused no.1 and used to supply information relating to projects of the developers and thus, facilitated the whole exercise of extortion -- Mobile phone(s) seized from the appellant revealed that he was in touch with the organised crime syndicate – For the purposes of considering grant of bail to the Appellant, at this stage, the fact that there was only one case prior to the present case, that too of the year 2014 and the FIR thereof having been quashed by the High Court, even prior to the filing of the charge-sheet -- Appellant is in jail since 16.10.2020 viz. for over 2½ years -- Admittedly, it is the first time, he is accused of such nature of crimes -- Appellant ordered to be released on bail.

(Para 9, 14-17)

A. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 – Abetment of suicide – Mere allegation of harassment of deceased by the accused named in the FIR may not be sufficient to conclude guilt, if any, under Section 306 IPC, rather to bring the accused in the ambit of section 306 IPC, it is required to be established on record that deceased committed suicide after being instigated and abetted by the accused.

(Para 44)

B. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 – Abetment of suicide – No evidence that deceased was meted with harassment by the accused just prior to her death and she was instigated /abetted to commit suicide -- As such, no case under Section 306 IPC is made out – Accused acquitted.

(Para 45-47)

A. Criminal jurisprudence – Proof -- It is a basic rule of the criminal jurisprudence that suspicion, however, strong cannot take place of proof – In a criminal case, the court has a duty to ensure that mere conjectures or suspicion do not take the place of legal proof -- Large distance between “may be true” and “must be true”, must be covered by way of clear, cogent and unimpeachable evidence produced by the prosecution.

(Para 37)

B. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Acquittal -- Dowry death – Demand of dowry – Presumption -- Prosecution has to prove beyond all reasonable doubt that the deceased was subjected to cruelty or harassed by the appellants for or in connection with any demand of dowry – In order to presume the dowry death, it is a condition precedent that there must be unimpeachable evidence in relation to dowry demand -- As per evidence on record, there is no positive and cogent evidence about demand of dowry, and, nexus between demand of dowry and harassment could not be established -- Therefore, conviction of the appellants cannot be sustained -- Appellants acquitted.

(Para 38-41)