Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 378(4) -- Cheque bounce complaint – Pre-mature complaint -- Leave to appeal -- Trial Court found the complaint pre-mature -- Cheque dishonored and returned with the remark ”Account Closed” -- Notice sent to the accused, who refused to accept notice – Complaint filed on 13^th day of refusal – Complainant-appellant registered the complaint before the statutory period of 15 days -- Leave to appeal dismissed.

(Para 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 173(8) -- Indian Penal Code, 1860 (45 of 1860), Sections 279, 304-A, 338, 302 – Further investigation – Power of Magistrate – Right of complainant -- If the investigating officer, suppresses credible evidence with respect to the adding of an offence carried u/s 302 IPC, and, the afore omissions are willful and deliberate or are a sequel of slipshod investigations, being made by the investigating officer, in the FIR, thereupon, it is open to the petitioner to file an application, through the aegis of the learned Police Prosecutor concerned, before the learned trial Magistrate concerned, and, seek therein relief, for further investigations being made, in respect of the above by the investigating officer concerned, other than the officer who was earlier conducted the investigations, and, that too by an officer not below the rank of Deputy Superintendent of Police.

(Para 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Cheque bounce complaint – Legally enforceable debt – Friendly loan of Rs. 3 lacs -- Basic ingredients which are required for transaction is not disputed -- There was good acquaintance between the petitioner and the accused prior to the transaction took place – No dispute relating to the issuing of demand notice by the petitioner to the accused – Accused/ Respondent No.1 convicted, sentenced to pay fine of Rs.3,00,000/-, in default simple imprisonment for one year.

(Para 2, 29, 30)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 279, 337 -- Rash and negligent driving -- Compromise quashing of FIR -- Accused and injured compromised the matter -- Continuing with proceedings will not suffice any fruitful purpose -- High Court invokes the inherent jurisdiction and quashed the FIR and all subsequent proceedings.

(Para 1,2,3,13)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Complaint for dishonour of cheque -- Stop payment – Account closed -- Not only the cases of dishonour of cheques on account of insufficiency of funds or on account of exceeding of arrangement but the cases involving dishonour of cheques on account of “stop payment” and “account closed” have also been brought within the ambit of offence under the aforesaid provision.

(Para 10)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Complaint for dishonour of cheque -- Difference in signature -- Contention of the petitioner that in the case offence under Section 138 of the NI Act is not constituted because the cheque was dishonoured on account of difference in signatures and not for the reason of insufficiency of funds or exceeding the arrangement, deserves to be rejected.

(Para 15)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Complaint for dishonour of cheque -- Security cheque -- Even if cheque issued as a security, still then it cannot be stated that no offence is made out, once the cheque issued by him has been dishonoured by the banker.

(Para 19)

D. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Complaint for dishonour of cheque -- Security cheque -- Whether the petitioner had issued the cheque as a security and whether at the time when the cheque was presented for its payment, it was not for discharge of any debt or any other liability cannot be determined either by the trial Magistrate at the time of taking of cognizance or by High Court in these proceedings -- These are defences available to the accused/ petitioner, veracity whereof can be determined during the trial of the case -- Trial Magistrate directed to proceed further in the matter in accordance with law.

(Para 20, 21)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 125, 340 -- Indian Penal Code, 1860 (45 of 1860), Section 191, 193 -- Maintenance u/s 125 Cr.P.C – Wrong information of income to Family court – Complaint u/s 191, 193 IPC against wife -- Foremost duty of the party claiming maintenance is to disclose to the Court her actual financial status -- Petitioner joined as an Assistant Professor in University on a monthly salary of Rs.28,000/- on 3.7.2017 -- Her petition u/s 125 Cr.PC was filed on 26.07.2017 -- During the entire litigation she did not disclose information about her job and her earnings and infact deliberately and intentionally to grab maintenance, submitted wrong information to the Court that she was unemployed – Order initiating enquiry and complaint u/s 191/ 193, upheld.

(Para 1, 9-12)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 340 -- Proceedings u/s 340 Cr.PC are undoubtedly initiated at the instance of one party but it is a matter of administration of justice and, therefore, ultimately it is between the parties and the court.

(Para 8)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141, 142 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of complaint -- Cheque by Company – Vicarious liability -- Resignation by Directors before issuance of cheque – Plea that resignation not accepted by the Company – Resignation were tendered before issuance of the cheques and petitioners have sent resignation in the Form No. DIR 11 & 12 to the Registrar of the Company and the same are available in the website -- Only a bald averment is made in the complaint against the petitioners that they were responsible for day to day affairs of the company -- There is no specific averment against them to show, as to how and in what manner the petitioners are responsible for the conduct of the business of the Company – Moreover, they were not the Managing Director of the Company – Petition allowed, complaint qua the petitioners quashed.

(Para 4, 8-17)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 293, 313, 386 – Constitution of India, Article 21 -- Murder – Remand for trial in appeal -- Deceased died due to gunshot injury -- Seizure of firearm from appellant – Report of a Ballistic Officer although admissible u/s 293 of the CrPC, but before placing reliance on such a report, the person placing trial has to be given full opportunity to challenge and rebut the report -- Neither the copy of the report was supplied to the applicant nor the contents of the report were brought in evidence – Ld. Sessions Judge also omitted to put any question to the appellant in his examination u/s 313 of CrPC on the basis of contents present in the ballistic report/ Ex.P-39 which were admissible in evidence u/s 293 of CrPC – Held, grave error committed by the learned Sessions Judge – An accused person has an entitlement of a fair trial under Article 21 of the Constitution -- Conviction technically not sustainable, appeal allowed, conviction and sentence set aside -- Trial against the appellant stands revived, case remanded back.

(Para 11, 12)

Indian Penal Code, 1860 (45 of 1860), Section 182 -- False information to police – Proceedings u/s 182 IPC – Right of -- There is no recommendation made by the investigating officer concerned, to initiate proceedings u/s 182 IPC – Conclusion cannot be interfered with, unless there is tangible material, completely, and, candidly suggestive, that the complainants are galvanising the criminal machinery rather theirs doing so, to harass the petitioner, through theirs filing false applications against the petitioner.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, 364-A, 365, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abduction case – Regular bail – Recovery on disclosure not effected –Disclosure statement maybe prima facie admissible, and, relevant evidence, and, its legal effect cannot become stalled, through the maker of the disclosure statement failing to, in pursuance thereof, ensure its recovery, to the I.O. – Bail petitioner made the disclosure, hence, impose a condition upon, him, that if he fails to, within seven days after his being admitted to bail, and, rather ensure effectuation of recovery, at his instance -- Since the bail petitioners are in judicial custody for the last four months, petitioners admitted to bail only subject to the afore referred condition, which shall apply only to the maker of the disclosure statement.

(Para 1,2,5-7)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Cheque bounce complaint – Presumption – Rebuttal of presumption  -- Signature mismatch – Cheque lost Complaint – Stop payment – Effect of -- Cheque is dated 12.06.2017 -- Cheque books were lost in 2016, GD entry and the acknowledgment of the concerned police station cannot be ignored –Request for stopping of cheques way back in 2016 made to Bank -- Subject cheque which has been dishonoured is the leaf from the cheque book which is lost way back in 2016 -- Complainant failed to place any document to establish the transaction between the complainant and the accused – In the absence of the same, it throws a doubt that whether the cheque which is the subject matter of the dispute is legally enforceable or not -- Judgment & order passed by the trial court punishing the accused and order of the lower appellate court confirming the order of the trial court set aside.

(Para 2, 3, 9-14)

Indian Penal Code, 1860 (45 of 1860), Section 392 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Robbery case -- Bail to juvenile in conflict with law -- JJ Board and Appellate Court depended, upon the proviso to Section 12 of Act in concluding that upon facility of bail, there being every likelihood of his being brought in association with hardened criminals, and, that there is being every likelihood of his hence being exposed to moral, physical and psychological danger – However, both the ld. Courts proceeded to, without any tangible and concrete evidence with respect to the afore factum existing on record rather made the above conclusion prima-facie imaginative, and, also surmisal – Statutory leverage in the Courts below with an alternate being placed under the supervision of a Probation Officer, and/or, under the care of any fit person neither been explored, nor has been thought fit to be worked vis-à-vis the juvenile in conflict with law – Consequently, the impugned orders quashed, and, set aside, with a direction, that the juvenile in conflict with law shall be released, and, shall be upon his release, become placed by the District Collector concerned, under, the supervision of the Child Welfare Officer.

(Para 8-12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 302 – Murder case -- Extradition of accused from Canada – Accused served through proclamation – Trial stalled due to non-appearance of accused – Prayer to direct prosecution to initiate and conclude the extradition process with Canada – Held, jurisdiction vest with trial judge at this stage not with High court --  Trial Judge and Public Prosecutor directed to initiate the process with the Ministry of External Affairs for ensuring the extradition of co-accused from Canada to India -- Process ordered to be ensured to be completed within four months.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Section 306 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail – Enquiry by SP(D) and DSP finding petitioner innocent – Pending approval of SSP – Effect of -- FIR registered solely on the basis of suspicion -- Neither, there is any suicide note nor there is any dying declaration nor the deceased had made any complaint with respect to any alleged call of threat made by any person – Held, although, the said enquiry is still pending approval with SSP, but in view of the same, the custodial interrogation of the petitioner would not be required -- Moreso, the mobile Number from which the alleged threats were given, does not even belong to the petitioner -- Question, as to whether, even in case, the allegations in the FIR are taken on its face value, the offence under Section 306 of IPC is made out or not, would be a matter of trial -- Petition allowed.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Attempt to murder – Anticipatory bail -- Cross-case -- Submission that it is a case of version and cross-version and in the FIR case, father of the petitioner was murdered and cross-version was registered after 05 days -- It is further submitted that in the DDR version, the petitioner is attributed simple injury with a stick, whereas in the supplementary statement, the petitioner has caused a firearm injury -- It is also submitted that in the FIR version, two accused have already been granted the concession of anticipatory bail noticing the aforesaid facts – Further submitted that primarily, it is a dispute with regard to possession of agricultural land, which both the parties claim that they have purchased it and are in possession of the same and even in the anticipatory bail granted to accused in the FIR version, it is noticed that it is a case of free fight regarding the possession over the land in dispute -- Petitioner has joined the investigation and is no more required for any further investigation – Order granting interim bail confirmed.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 399, 402 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 54, 59 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail -- Parity in bail -- Once, the co-accused, who is similarly situated as the petitioner, has been granted the benefit of regular bail, the petitioner cannot be denied the same benefit on the ground of parity unless and until a differentiating fact between the petitioner and the said co-accused is pointed out -- Petitioner and the co-accused are similarly situated -- Petitioner has made out a case for the grant of regular bail on account of parity -- Petitioner ordered to be released on regular bail.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 324, 452, 307, 379-B, 427, 506, 148, 149 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Occurrence of 15.08.2020, both the parties received injuries including grievous ones -- Petitioner had also undergone surgery and remained hospitalized from 16.08.2020 to 27.08.2020 -- Though, complainant party received grievous injuries, it is highly debatable whether Section 307 IPC can be said to be made out or not -- Custody period of petitioner being almost a year -- Charges have not yet been framed, prosecution has cited 18 witnesses and trial will certainly take long time -- Being a case of version and cross-version, the question that which of the two parties was aggressor has to be adjudicated during trial -- Petitioner is ordered to be released on bail.

(Para 9-10)

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 389 -- Dowry death – Appeal against conviction -- Suspension of sentence – Initially, applicant was declared innocent by the police during enquiry and she was summoned u/s 319 Cr.P.C. – Already undergone actual sentence of 04 years, 07 months and 29 days out of rigorous imprisonment for life – Case is covered by Dharam Pal's case, 1999(4) RCR (Criminal), 600 -- Appeal is not likely to be heard in the near future, the remaining sentence of applicant is ordered to be suspended during pendency of the appeal.

(Para 3)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 324, 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of cross-version -- Delay in reporting cross-version – Ground of -- Mere delay in registration of the cross version is no ground for quashing of the same -- It is a case of version and cross version, which can only be decided after leading evidence – Petition dismissed.

(Para 8-10)

Indian Penal Code, 1860 (45 of 1860), Section 498A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 357 – Conviction in dowry case -- Compensation to victim – Reduction of sentence -- Object of any criminal jurisprudence is reformative in character and to take care of the victim -- It is towards this objective that Section 357 of the Cr.P.C. is enacted in the statute -- Objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence -- Voluntarily offering the amount albeit to seek a reduction of sentence – Appellant has now undergone about seven months of sentence, sentence reduced to already undergone in case the appellant pays Rs.3.00 lakhs for complainant and her children.

(Para 9, 10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154 – First Information Report/ FIR – Nature of -- FIR is certainly the starting point of the investigation, but it is well within the rights of the prosecution to produce witness statements as they progress further into the investigation and unearth the specific roles of accused persons -- FIR as is known, only sets the investigative machinery, into motion.

(Para 14)

B. Indian Penal Code, 1860 (45 of 1860), Section 302, 120B, 147, 148, 324 – Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Conviction in murder case – Test Identification Parade/ TIP -- Two courts have concurrently concluded that appellant’s name not being specifically mentioned in the FIR, would not justify his acquittal as he was specifically identified by PW2, PW4, & PW6 -- In view of his positive identification by the eye witnesses, the TIP not being conducted, was held to be immaterial -- Eye witnesses here have ascribed the same specific role to the appellant and narrated the events in same chronology, without material discrepancies – Court cannot lose sight of the fact that this case involves multiple persons attacking in a group with deadly weapons and it is not reasonable to expect recollection of every minute details by the eyewitnesses -- Prosecution has produced cogent evidence of the appellant being part of a conspiracy by all the accused in the assault, which led to the death of BM and injuries to PW1 and others -- As such, the conviction of the appellant by the trial court, as upheld by the High Court, cannot be faulted.

(Para 15-18)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification Parade/ TIP – Requirement of -- Identity of the appellant/accused was known to the witnesses and he was specifically identified by PW1, and PW2 as the person who wielded the sword and inflicted the injuries -- TIP was unnecessary in the case -- In the face of appellant’s such identification by name in the testimony of the eye witnesses, it can, be safely concluded that the failure to conduct the TIP for the appellant will not vitiate his conviction.

(Para 17)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Indian Penal Code, 1860 (45 of 1860), Sections 354 (A)(1), 148, 149, 323 -- Summoning of additional accused -- Investigation was carried thoroughly, which was appreciated by an officer of DSP rank -- Complainant and other witness were examined as PW-4 and PW-1, on a conjoint reading of their deposition, application u/s 319 Cr.P.C. do not make out any case when it is tested on the law settled in Hardeep's case 2014 (3) SCC 92 i.e. summoning u/s 319 Cr.P.C. is an extra ordinary power and it should be used sparingly and not in a routine manner and satisfaction drawn for summoning of the accused should be more than the satisfaction for framing of the charge and less than that of resulting in conviction – Dismissal of application by courts below do not suffer from any infirmity – Petition dismissed.

(Para 8-9)

Indian Penal Code, 1860 (45 of 1860), Sections 325, 323/34, 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 397, 401 – Injury case -- Sentence reduced to already undergone -- Petitioner No.1 has already undergone 04 months and 23 days of actual sentence, and petitioner No.2 has undergone actual sentence of 07 months and 07 days out of 2 years – Petitioner No.1 is 57 years of age and petitioner No.2 is 33 years of age – FIR is of the year 2017 and the petitioners have suffered agony of trial for the last four years -- Petitioners never misused the concession of bail/parole nor were involved in any other case and they are also married and are bread-winners for their family -- Petitioners are also ready to compensate the complainant -- While maintaining the impugned judgment of conviction, the sentence awarded by the Courts below to the petitioners is reduced to the period already undergone by them -- Sentence of fine is enhanced from Rs.25,000/- each to Rs.55,000/- each.

(Para 7-11)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Emigration Act, 1983 (31 of 1983), Sections 10, 24 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating – 377 complaints – Regular bail -- After dismissal of bail more than a year elapsed – Against a total of 377 complaints only 17 have been looked into till date and challans having been presented, investigation process may not be concluded for another couple of years -- Petitioner has already faced incarceration since 26.04.2018 -- Investigation is in progress would not be a ground to keep the petitioner indefinitely in custody -- Amount of money which is alleged to have been taken by the petitioner on account of having duped the investors/complainants would be a subject matter of trial on the basis of evidence adduced – Bail after having suffered incarceration for a period in excess of three years cannot be declined on the demand of the complainants that certain amount be first refunded to them -- Investigation/trial is bound to take time to conclude -- Petitioner is held entitled to benefit of bail.

(Para 13-16)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 62 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case -- Recovery of Poppy husk -- Superdari of truck -- Son of petitioner was found in possession of 60 kilograms of 'poppy husk' while he was driving the truck -- Truck being case property has been taken into possession by the police, which is liable to be confiscated -- However, as on date, the trial is yet to commence and there is no such finding that the accused is guilty of having committed the offence – Held, in case, the vehicle in question is not released on superdari, the condition of the same is likely to deteriorate on account of its disuse and on account of vagaries of weather, which would not be in the interest of anybody, as unnecessarily the value of the truck in question get diminished – Vehicle in question is ordered to be released.

(Para 5-8)

Code of Criminal Procedure, 1973 (2 of 1974), Sections 28, 29, 30, 31, 427 – Concurrent running of default sentence – Permissibility of -- Default sentence cannot be directed to run concurrently.

(Para 10)

A. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Object of -- Purpose of holding a test identification parade during the stage of investigation is only to ensure that the investigating agency prima facie was proceeding in the right direction where the accused may be unknown or there was a fleeting glance of the accused.

(Para 9)

B. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- FIR was registered against unknown persons -- Case of the prosecution solely rests on identification in the TIP -- A test identification parade u/s 9 of the Evidence Act is not substantive evidence in a criminal prosecution but is only corroborative evidence -- Mere identification in the test identification parade cannot form the substantive basis for conviction unless there are other facts and circumstances corroborating the identification.

(Para 9)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Onus to Prove -- Onus lies on the prosecution to establish that the TIP was held in accordance with law -- It is only after the prosecution prima facie establishes a valid TIP having been held, the question of considering any objection to the same arises -- If the prosecution has failed to establish that a TIP was properly held by examining the witnesses to the same, there is nothing for the accused to disprove.

(Para 10)

D. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- Magistrate conducted the TIP -- Magistrate has not been examined -- No explanation is forthcoming why the Magistrate was not examined -- Only evidence available is that of PW-4 the SHO that during the investigation the TIP was held in the District Jail and he identifies the proceedings in the Court -- Identification of the proceedings is irrelevant as he could not have been present during the TIP -- There cannot be repeated TIPs till such time that the prosecution is successful in obtaining identification of the accused -- PW-1 who is the mother of PW-2, and both of them are stated to have been present in the house when the occurrence took place, did not identify any of the appellants -- Identification by a minor boy and that too in the 3rd and 4th rounds insofar as the present appellants are concerned -- In the nature of the TIP held it is completely non est in the law and the benefit has to go to the accused.

(Para 11,12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 200, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304, 316, 34 – Summoning in medical negligence case – Challenge to – Mens-rea – Requirement of -- High Court set side summoning order impressed by the fact that there was no evidence regarding mens rea, to show malicious or bad intent – Held, view taken by the High Court is erroneous -- When it is a case of medical negligence, it need not be because of mens rea as intent.

(Para 1-4)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 200, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304, 316, 34 -- Summoning in medical negligence case – Challenge to -- Medical evidence – Requirement of -- Trial Court summoned without insisting for medical evidence or examination of professional Doctor as required in terms of the exposition of this Court in Jacob Mathew Vs. State of Punjab & Anr. reported in (2005) 6 SCC 1 – Appropriate course is to set aside the impugned judgment and order of the High Court as well as summoning order issued by the Trial Court and relegate the parties before the Trial Court for reconsideration of the issue afresh -- Appeal disposed of.

(Para 6-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 188 -- Offence committed abroad – Prior sanction from Central Government – Requirement of -- Previous sanction of the Central Government u/s 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance -- However, trial of the criminal case cannot commence without sanction being accorded u/s 188 Cr.P.C -- High Court dismissed application for quashing of FIR -- Special Leave Petition is dismissed, petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial. Thota Venkateswarlu’s case 2011 (9) SCC 527 relied.

(Para 1-3)

Petroleum Act, 1934 (30 of 1934), Section 7, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Storage of diesel in excess of 2500 litres without licence – Seizure of diesel -- Release of diesel on superdari -- Petitioner is ready to furnish a bank draft before the trial Court of an amount equivalent to the price of diesel – Product seized is inflammable and has property of evaporation -- It would be suffice if lab report is taken as to nature of the product, if not already taken -- Product be measured in presence of the petitioner and his counter-signatures be obtained as a token of his acceptance to the measurement and thereafter product be released -- Petitioner shall deposit a Demand Draft equivalent to the price of diesel with the trial Court -- Trial Court shall keep the amount in an F.D.R. in a nationalized bank subject to outcome of the trial.

(Para 9,10)

A. Indian Penal Code, 1860 (45 of 1860), Section 420, 465, 467, 468 -- Cheating and forgery -- Any alteration in any part of a valuable security or anything which is signed or sealed and which is capable of being converted into a valuable security is also fall within the ambit of cheating -- Substitution of pages of a sale deed would amount to tampering and forging the original sale deed, it is not just offence u/s 465 IPC, which would be attracted, but the graver offences punishable u/s 467 & 468 IPC would also get attracted as the forgery was of valuable security and for the purpose of cheating.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 211 – Addition of more charges than Challan – Power of -- Mere fact that the Investigating Officer at the time of presentation of charge-sheet does not specifically mention a particular offence would not prevent the Court from looking into the entire facts and frame charges for such offence/s which are found prima facie to be made out from the facts of the case.

(Para 11)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149 & 302 IPC (Section 120-B of IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 439 -- Murder case -- Challan without FSL – Default bail – Right of -- FSL is a material piece of evidence to establish the case of the prosecution, but in every case, it cannot be said that in the absence of the report of FSL, the challan has to be treated as 'incomplete' – In a murder case, while the report of FSL in respect of examination of clothes of the deceased as regards presence of blood stains or viscera report would furnish a material piece of evidence, but the case of the prosecution cannot be said to be absolutely demolished in the absence of such evidence – In such like cases, the absence of FSL report cannot be interpreted to mean that an 'incomplete' challan has been filed so as to extend the benefit of default bail to the accused -- Petition dismissed – The order would not affect the right/s of the petitioner seeking grant of regular bail in terms of Section 439 Cr.P.C.

(Para 7, 8)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 324, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- There is nothing to suggest that the assailants had uttered any objectionable utterances or had caused injuries solely on account of the fact that the complainant belongs to a particular community – Petition accepted and the interim directions made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft case – Anticipatory bail -- Present FIR at Hisar -- Interim bail was granted on the contention that petitioner is being indicted for theft of vehicle in respect of that a case FIR No.434 dated 30.08.2019 u/s 379 IPC already stands registered at Gurugram and vehicle was recovered on 05.11.2019 and two accused were arrested and he was indicted on the basis of disclosure statement of one of them -- Petitioner has joined the investigation, not required for custodial interrogation for the time being -- Petition allowed.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 419, 420, 465, 467, 468, 471 and 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery -- Anticipatory bail -- Dispute between the daughter-in-law and the in-laws -- Allegations are with regard to a registered Will -- Validity of Will and the dispute with regard to partition of property is before the Civil Court -- As per FIR, the case set up is on the basis of documentary evidence -- Considering that no recovery is to be made from the petitioners, it is not a case where custodial interrogation is required -- Petitioners granted anticipatory bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 107, 304-B, 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 -- Dowry death – Abetment to suicide -- Discharge u/s 306 IPC – Permissibility of – High Court discharged the parents in law u/s 306 IPC -- Considering the totality of the circumstances and keeping in view the suicide notes as well as the statements of witnesses, respondents no.1 and 2 (parents in law) ought not to have been discharged of the offence u/s 306 IPC, especially when the charges u/s 304B IPC and other related sections had already been framed and confirmed – Order of High Court set aside.

(Para 10)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 23, 25, 4, 5(2) – Indian Medical Council Act, 1956 (102 of 1956), Section 15(2)(B) -- Indian Penal Code, 1860 (45 of 1860), Section 420 (Challan u/s 4(4), 5(2), 23, 25 of PC&PNDT Act, 1994, Section 15(2)(3) of the IMC Act, 1956 and Section 419, 420, 120-B of IPC) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Pre-natal Sex determination case – Anticipatory bail – Interim protection granted on the contention that FIR is silent with regard to the role of the petitioner and he was nominated in the second disclosure statement of co-accused -- Petitioner allegedly brought the sex determination machine -- Co-accused has already been granted regular bail by the Additional Sessions Judge by observing that it is not the case of prosecution that he had used any such techniques in detection of gender of fetus, rather according to prosecution, the determination machine used by him was a simple monitor of computer and simply cheated the decoy patient by using an ordinary monitor – Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and no more required for further investigation of the case -- Interim order made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, (Sections 393 and 411 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Snatching case – Jump in bail -- Anticipatory bail -- Petitioner had earlier been granted regular bail by the trial Court, but he had absented once as he had noted the wrong date and consequently his bail was cancelled – Petitioner undertakes that the he shall henceforth appear before the Court on each and every date of hearing and would not absent himself except without prior permission of the Court – Petitioner has surrendered before the trial Court and has been released on interim bail -- Order granting interim bail to petitioner is made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 308, 323, 325, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 (2) – Attempt to commit culpable homicide – Cancellation of Regular bail --  In respect of the alleged threats by accused, no complaint has been made to the police -- Court does not find any material on record to show that the concession of bail extended to the accused has been misused -- Prayer for cancellation of bail dismissed by Court of Sessions -- Resultantly, no ground is made out for exercise of jurisdiction u/s 439 (2) Cr.P.C. for cancellation of bail.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 324, 506 (Sections 379-B, 201, 34 IPC added and Sections 148, 149 IPC deleted later on) -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Knife blow by petitioner on the stomach of injured who has fully recovered from the injury -- Motorcycle of injured recovered from the co-accused – Petitioner is not involved in any other case – Petitioner is in custody for over a year, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 306, 328, 34 – Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Challan u/s 328, 306, 34 IPC – FIR as dying declaration -- Framing of charges u/s 302 IPC – Challenge to -- FIR was lodged at the instance of the deceased himself and which in a way assumes the character of a dying declaration which is on a very higher pedestal as far as the evidentiary value is concerned -- Further it is not disputed that the cause of death was poisoning -- In these circumstances it cannot be said that any error has been committed by the trial Court at the stage of framing of charges -- Meticulous examination of the evidence is not required at the time of framing of charges -- Revision petition dismissed.

(Para 2-5)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 4, 5(2), 6(B), 23, 25 – Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Pre-natal sex determination case – Regular bail -- Without commenting anything on merits, considering the fact that the petitioners are in custody for the last 04 months and 14 days; the petitioners are not involved in any other case; the custodial interrogation of the petitioners is not required and the conclusion of the trial will take some time due to COVID-19 situation, the petition allowed and the petitioners are directed to be released on bail.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 148, 149 (Sections 325 and 307 IPC added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail --  Submitted that petitioner was empty handed and is an old man aged about 60 years and has not caused any injury except that he has provoked the other accused persons – Son of the petitioner has already been arrested – Petition allowed and In the meantime, the petitioner is directed to join investigation within a period of 10 days and he shall be released on interim bail.

(Para 4-8)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 341, 323, 148, 149, 188, 269 (302 and 325 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail – Petitioner was armed with a dang and other was armed with iron rod at the time of incident but no specific injury has been attributed to them -- Fatal blow to victim (deceased) have been given by co-accused – Similarly placed co-accused have since been granted concession of regular bail – Challan filed, charges framed, out of 20 prosecution witnesses cited none of them has been examined -- Conclusion of trial is likely to take considerable time – Petitions allowed.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 377, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Rape case -- Statutory bail – Addition of offence – Status of bail -- Statutory bail once granted to an accused u/s 167(2) of the Cr.P.C. cannot be cancelled even if his complicity has transpired subsequently during investigation in any offence of a more serious nature, provided that such serious offence is found to have been committed only in the same case, and not any other/different case – Petitioner originally granted statutory bail for the offence u/s 4 of the POCSO Act, 2012 along with Section 377 of the IPC, although subsequently the Final Report was submitted against him for the offences u/s 377 and 506 of the IPC along with Section 6 of the POCSO Act, 2012 -- Petitioner now permitted to be released on same bail terms, subject to an additional conditions.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Section 396 – Code of Criminal Procedure, 1973 (2 of 1974), Section 28, 433-A -- Dacoity with murder – Life imprisonment -- Remission of sentence – Power of -- Conviction for life imprisonment without remission before 20 years – Power of Trial Court -- In view of the Constitution Bench judgment, the sentence denial remission for a period of 20 years is unsustainable -- High Court failed to consider this aspect of the matter -- Part of the sentence for denial of remission before expiry of 20 years is set aside -- Conviction of the appellant u/s 396 is not interfered with -- Appellant have completed over 13 years of custody, any application for remission filed by him, has to be considered on its own merits in accordance with law.

(Para 6-8)

A. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Indian Evidence Act, 1872 (1 of 1872), Section 45 -- Murder case – Doctor’s evidence -- Entire evidence as a whole is required to be considered with the other evidence on record -- Mere one sentence here or there and that too to the question asked by the defence in the cross-examination cannot be considered standalone -- What is stated by the Doctor/Medical officer can at the most be said to be his opinion, he is not the eye-witness to the incident -- PW1 & PW2 have categorically stated that the other accused inflicted the blows by knives -- Same is supported by the medical evidence and the deposition of PW2 -- Injuries nos. 2 to 8 are sufficient by the sharp cutting weapon -- Injuries nos. 2 to 8 are on different parts of the body which show the intention and conduct on the part of the other accused A2 & A3 -- Therefore, they are rightly convicted for the offence punishable u/s 302 IPC with the aid of Section 34 IPC.

(Para 13)

B. Indian Evidence Act, 1872 (1 of 1872), Section 8 – Motive -- There was a prior long-time enmity between the deceased and the accused-A1 -- Even the deceased was also facing trial for the offence u/s 307 IPC at the instance of A1 -- Defence has failed to prove any circumstances by which it can be said that they are falsely implicated in the case -- Prosecution has been successful in proving the motive.

(Para 14)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder – Conviction -- There is a direct evidence against A-1, using the gun and shooting the deceased -- Therefore, he can be convicted for the offence punishable u/s 302 IPC, without the aid of Section 34 IPC.

(Para 15)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 482 – Quashing of FIR – Challan yet to be filed -- Petition disposed of at this stage directing the Investigating Officer to look into all the defences/pleas taken by the petitioners before filing the report u/s 173 Cr.P.C. -- Petitioners shall file a written application to the Investigating Officer explaining all their defences/pleas and the same will be considered by the Investigating Officer in accordance with law.

(Para 1-5)