Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B, 147, 149, 188, 269, 270 -- Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail – Petitioner name come in disclosure statement – No specific attribution or any overt act is attributed to the petitioner -- None of examined prosecution witnesses named the petitioner to be amongst the assailants – Petitioner in custody for the last 02 years 09 months and 28 days, though involved in various other cases as well -- Only 09 witnesses have been examined so far out of 54 witnesses -- Conclusion of trial is likely to take long time to conclude -- Material witnesses have already been examined – Bail allowed.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 304 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Culpable homicide not amounting to murder – Regular bail -- Alleged occurrence, in which the three occupants of the car had given beatings to deceased and injured fled away -- None of the petitioners are named in the FIR, complainant did not disclose in the supplementary statement about the source, by which he came to know about the participation of the petitioners in the crime – Nothing in status report that whether any of the petitioners have any connection with that car -- Material witnesses have already examined --  Petitioners in custody for the last 1 year 2 months and 13 days and none of them have any other criminal case pending against them -- Trial may take time to conclude – Bail allowed.

(Para 7-10)

Indian Penal Code, 1860 (45 of 1860), Section 386, 120-B, 406, 420, 467, 469, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating – Extortion -- Regular bail -- Allegations against the petitioner are based upon the disclosure statement – He is in custody for the last 5 months and 22 days -- Although, he is involved in one more case, but has already been allowed bail -- Out of 14 witnesses cited by the prosecution, not even a single witness has been examined so far and thus, trial is likely to take long time to conclude -- The case is triable by Magistrate – Bail allowed.

(Para 5, 6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning of additional accused – Procedure of -- Section 319 of Cr.P.C. becomes applicable, when during the trial after the filing of the challan and framing of the charge-sheet, evidence is presented indicating the involvement of a person, who was not initially charged by the police -- If the evidence establishes the person's complicity, the court may proceed to include them in the proceedings -- To apply Section 319 CrPC, evidence led should be such that it shows more than a prima facie case as is exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction.

(Para 11)

B. Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 506, 379, 379-B, 356, 201, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Snatching case -- Summoning of additional accused – As per the FIR version, the attribution to the petitioner is that he had caught hold of the petitioner -- Main accused and other assailants are attributed to be armed with weapons and having caused injuries -- There is no such attribution to the petitioner -- Apart from above, the FIR has already been quashed qua the main accused -- Merely on the basis of statement of PW1 made during trial, the trial Court was at fault in holding that there was more than a prima facie case so as to summon the petitioner -- Impugned summoning order set aside.

(Para 12-15)

Indian Penal Code, 1860 (45 of 1860), Section 279, 304A – Motor Vehicles Act, 1988 (59 of 1988), Section 133 -- Acquittal in motor vehicle accident case -- Statement of PW5-ASI, the Investigation Officer that notice u/s 133 of the M.V. Act was sent to the owner of the offending vehicle, who endorsed that offending vehicle was being driven by the appellant/ accused -- However, prosecution failed to examine the owner of the vehicle before the trial Court concerned – Held, statement made before the Investigating Officer cannot be accepted as a gospel truth – Conviction set aside – Petitioner acquitted.

(Para 10-14)

A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 14(3), 15 -- Child in conflict with law -- Preliminary assessment – Time limit -- The provision of Section 14(3) of the Act, providing for the period of three months for completion of a preliminary assessment under Section 15 of the Act, is not mandatory -- The same is held to be directory -- The period can be extended, for the reasons to be recorded in writing, by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate.

(Para 18(i))

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 2(20), 19, 101 – Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 10, 10A, 11, 13 – ‘Children’s Court’ -- ‘Court of Sessions’ -- The words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably -- Primarily jurisdiction vests in the Children’s Court -- However, in the absence of constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.

(Para 18(ii))

C. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 15, 101 -- Child in conflict with law -- Appeal – Limitation -- Appeal, under Section 101(2) of the Act against an order of the Board passed under Section 15 of the Act, can be filed within a period of 30 days -- The appellate court can entertain the appeal after the expiry of the aforesaid period, provided sufficient cause is shown -- Endeavour has to be made to decide any such appeal filed within a period of 30 days.

(Para 18(iii))

D. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 2(20), 14, 15, 18, 19, 17, 101 – Duties of Courts, Tribunals, Boards and the Quasi-Judicial Authorities -- In all the orders passed by the Courts, Tribunals, Boards and the Quasi-Judicial Authorities the names of the Presiding Officer and/or the Members who sign the orders shall be mentioned -- In case any identification number has been given, the same can also be added -- The Presiding Officers and/or Members while passing the order shall properly record presence of the parties and/or their counsels, the purpose for which the matter is being adjourned and the party on whose behalf the adjournment has been sought and granted.

(Para 18 (vii, viii))

Indian Penal Code, 1860 (45 of 1860), Section 302, 307, 160, 323, 324, 148, 149, 212, 216, 201, 120-B – Arms Act, 1959 (54 of 1959), Section 25, 27, 54, 59-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail -- Petitioner has clean antecedents and in the occurrence in question no specific role or injury has been attributed to him, other than his presence being reflected in the FIR -- Possibility of the trial concluding any time in the near future looks remote – Bail allowed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail – Delay in FIR for more than 100 days -- Two others accused are there -- Only circumstantial evidence against the petitioner is her disclosure statement coupled with the recovery of knife allegedly used in the crime -- FSL report is not on record to show as to whether there were any blood stains on the knife and as to whether those blood stains matched with the blood of deceased or other physical evidence as collected from the spot -- Petitioner in custody for the last 3 years 6 months and 22 days with no other criminal case -- Out of 19 only 8 have been examined so far – Bail allowed.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 467, 380, 411 – Acquittal – Theft -- Delay in FIR -- Theft had allegedly taken place on the night intervening 21/22.05.2009 at about 03.00 AM and the FIR had been got recorded on 24.05.2009 at 05.30 PM -- Once the accused were identified by the complainant/petitioner at the spot and they had been named in the FIR, the delay in the registration of the same is fatal to the case of the prosecution case – Revision against acquittal dismissed.

(Para 2, 12)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 482 – Murder – Summoning of additional accused – Quashing of summoning order -- Not being an eye-witness, PW-1’s deposition is not sufficient enough to invoke the extra-ordinary jurisdiction u/s 319 to summon the appellants -- No other witnesses deposed against the appellants -- No documentary evidence – No role attributed to the appellants -- Deposition of PW-1 is in line and consistent with her statement u/s 161 -- Higher degree of satisfaction required for exercising power u/s 319 Cr.P.C. is not met – Held, Trial Court committed a serious error in issuing summons to the appellants -- High Court should have quashed the order – Appeal allowed, impugned order/ judgment set aside.

(Para 23-26)

Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 4, 8 – Money Laundering case – Acquittal/ discharge of accused – Release of attached property -- Right of – Pendency of appeal – Effect of -- Section 8(6) of the PMLA makes amply clear that if an accused under the PMLA is discharged / acquitted, the learned Special Judge under Section 8(6) has no option but to pass an order releasing the properties attached under the PMLA – Till the judgment of acquittal predicate offence is reversed in an appeal, all the effects of acquittal will continue to operate and mere filing of an appeal against acquittal would not mean that the respondents will continue to suffer the rigors of criminal proceedings or attachment under the PMLA -- No infirmity in the order whereby the attached movable and immovable properties were directed to be released by the learned Special Judge.

(Para 28-32)

Indian Penal Code, 1860 (45 of 1860), Section 182, 199, 201, 203, 211 -- Arms Act, 1959 (54 of 1959), Section 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 195, 482 -- Quashing of Challan/ Charge-sheet – Petitioner/ Complainant charge-sheeted in his own FIR -- Petitioner filed private complaint in which preliminary evidence has already been recorded – Not proper for the Investigating Agency to file the challan against the petitioner to prosecute him in the FIR, which was lodged on his own complaint instead of filing the cancellation report -- By not filing the cancellation report, petitioner was not afforded any opportunity to file protest petition -- Challan and Charge-sheet quashed.

(Para 11-19)

Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Parole for own engagement and marriage ceremony -- Petition allowed, petitioner granted parole for a period of two weeks.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Section 107, 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abetment to suicide – Quashing of criminal proceedings – Inherent powers u/s 482 Cr.P.C. -- Uttering words “go and hang yourself” – Whether abetment – No -- Sole accused, husband of the lady with whom the deceased had certain relationship and had blunt out his anger and had uttered words ‘go and hang yourself’ cannot mean that it would become the ingredients of Section 107 of the IPC for it to become an offence u/s 306 of the IPC – Reason for the deceased to commit suicide may be myriad, one of which could be the factum of him having illicit relationship with the wife of the petitioner, despite being the Father and Priest of a Church -- Charge sheet filed -- Such cases should be nipped in exercise of its jurisdiction u/s 482 of the Cr.P.C. – Proceedings pending before the Principal District & Sessions Judge quashed.

(Para 14-15)

Code of Criminal Procedure, 1973 (2 of 1974), Section 391 -- Additional evidence at Appellate stage -- Certified copy issued by Private Bank -- Application for bringing on record the certified copy issued by the private bank -- Certified copy issued by the private bank is not per-se admissible, rather the same is required to be proved by way of evidence -- In the absence of any prayer for proving such document, even if application is allowed, such document would not be admissible as an evidence -- Application dismissed.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 406, 384, 420, 120(B) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Matrimonial dispute  -- Quashing of FIR – Misue of State machinery – One FIR at Hisar – Other at Udaipur – Respondent Nos. 2 and 3 misusing their official position by lodging complaints one after the other – Further, their conduct of neither appearing before the Trial Court at Hisar nor withdrawing their complaint at Hisar, would show that their only intention was to harass the appellant by first making him face a trial at Hisar and then again at Udaipur – Argument that no offence was committed in Hisar but only at Udaipur was also not correct – Court deprecated this practice of state machinery being misused for ulterior motives, imposed cost of Rs. 5,00,000/- on the respondent No.2 – FIR at Udaipur quashed.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B, 506, 34 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail – Speedy trial – Right of -- Petitioner suffered incarceration of 05 years, 08 months and 12 days -- Investigation is complete, challan stands filed, out of total 35 prosecution witnesses, 33 witnesses have been examined -- Trial will take long time, no useful purpose would be served by keeping the petitioner behind the bars for uncertain period -- Bail is a rule and jail is an exception – It would also violate Article 21 of the Constitution -- Bail allowed.

(Para 4-7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Additional accused – Summoning -- Discretionary power is extraordinary and must be exercised judiciously only when compelling reasons exist to take cognizance against these individuals -- While summoning an individual, a prima facie case against him/her should be discernible which would reasonably lead to his/her conviction -- Evidence must be stronger than mere probability of complicity -- Trial Court is obligated to adopt a rigorous standard of appraisal of evidence, ensuring that the material on record could reasonably lead to the conviction of a person sought to be summoned.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Additional accused – Summoning – Alibi -- Contention that it had come during investigation that the petitioner was not present at the time of the alleged occurrence cannot be a ground for the learned Trial Court to not summon a person as an additional accused u/s 319 of the Cr.P.C. -- Right of an accused to present his evidence of alibi would always be available to him during trial.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B – Constitution of India, Article 14, 21 -- FIR against petitioner -- Right to go abroad -- Mere involvement of the petitioner in a criminal case cannot be made the basis to reject his prayer to travel abroad, more so, when the petitioner has undertaken to abide by all the conditions to be imposed by the Court -- Right to travel is a fundamental right and there is no law depriving a person of such right -- Investigation at initial stage -- Petition allowed, petitioner permitted to travel abroad subject to the conditions.

(Para 12)

Indian Penal Code, 1860 (45 of 1860), Section 302, 376, 3(2)(V) – Murder – Rape – Acquittal -- Not a case of direct evidence -- Not a case of circumstantial evidence -- PW-1 and PW-2, star prosecution witnesses are parents of the deceased -- PW-2 was not present in the village when the incident occurred and PW-1/ mother has not seen the accused/ appellant committing the offence, she claims to have learnt of the complicity of accused/ appellant but no person has been identified from whom information has been received – No recovery from the accused/ appellant -- Not the case that dead body has been recovered on the pointing out of the accused/ appellant – Judgment of conviction and sentence set aside.

(Para 21-28)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- NDPS Case – Acquittal – Independent witness – Exclusive possession -- No evidence to establish that the alleged place of recovery i.e. room where a motor was situated, was under exclusive possession, usage, or ownership of the appellant – No explanation from police officials regarding the absence of independent witnesses during the operation -- No efforts were made to establish a direct connection between the appellant and the recovered contraband material – Reasonable doubt created about the genuineness of the recovery – Appellant acquitted.

(Para 9-10)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Conviction in cheque bounce complaint -- Suspension of sentence – Condition to deposit  20% of compensation -- Petitioner directed to deposit 20% of the compensation amount awarded by trial Court, while passing the said direction, the Appellate Court has not referred to the ratio laid down by Hon’ble Supreme Court in Jamboo Bhandari’s case (2023) Law Today Live Doc. Id. 18509 and no reason given by the said Court – Condition of deposit set aside, Appellate Court directed to decide afresh.

(Para 4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 205, 482 – Indian Penal Code, 1860 (45 of 1860), Section 469, 471, 180, 120-B -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 23 -- Information Technology Act, 2000 (21 of 2000), Section 67B -- POCSO -- Permanent exemption from personal appearance – Charges framed on 14.07.2023 and only 5 PWs out of 15, have been examined so far – Personal appearance of the petitioners before the learned trial Court exempted subject to conditions.

(Para 6, 7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 201, 202, 302, 341, 34 – Murder case -- Superdari of vehicle -- If the vehicle remains parked in the police station for a considerable period of time, it would become unfit for being plying on the road as keeping it parked in the sun and rain could damage its tyres, colour, machinery, battery as also interiors of the vehicle -- Value of the vehicle would also diminish in such a situation – Petition allowed, vehicle ordered to be released to the petitioner/registered owner on superdari.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 307, 506, 148, 149 – Arms Act, 1959 (54 of 1959), Section 25, 27 --  Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail -- On the contention that petitioner has not been named in the FIR, his tower location was not found at the place of occurrence, specific injuries attracting Section 307 IPC attributed to the co-accused and there is nothing on record against the petitioner in the final report filed u/s 173 Cr.P.C. against the co-accused, interim protection was granted -- Petitioner joined the investigation, interim bail order confirmed.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 8 -- Murder -- Motive -- Mere absence of motive would not impinge on the testimony of a reliable eye-witness -- Motive is an important factor for consideration in a case of circumstantial evidence.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 25, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS Case – Commercial quantity – Regular bail -- Circumstances raises a finger of serious doubts for date and time of taking the petitioner into actual custody by the police, he was actually abducted from Delhi one day prior to showing his date of arrest, have come on record which needs to be examined by leading evidence before the trial Court – Petitioner has already incarcerated for a period of 01 year 05 months and 29 days in custody -- Petitioner not involved in any other offence -- Trial is bound to take long time -- Petitioner cannot be detained behind bars for an indefinite period -- Article 21 of the Constitution provides for a right to speedy trial even to an accused -- Judicial precedent is also to be borne in mind that “bail is a rule” and “jail is an exception” – Bail allowed.

(Para 16, 17)

Indian Penal Code, 1860 (45 of 1860), Section 186, 353 – Code of Criminal Procedure, 1973 (2 of 1974), Section 195 -- Assault or criminal force to deter public servant from discharge of his duty -- Cognizance of – Court cannot take cognizance of an offence committed u/s 186 IPC without there being a complaint made by the concerned public servant, but there is no such requirement for offence u/s 353 CrPC -- Section 195 Cr. PC does not bar the trial of the accused person for a distinct offence, disclosed by the same set of facts but which is not within the ambit of that section.

(Para 11-15)

Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B, 153-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Offence under UAPA – Regular bail -- Secessionist slogans painted on the walls of College and School – Petitioner not named in the FIR, arraigned as an accused on the statement of co-accused in another case -- Recovery of paint, clothes and mobile phone effected from the appellant in connection with the investigation in another FIR, no recovery made from him in the instant case -- No material to indicate that any monetary transactions had taken place and that the appellant had used a particular mobile phone for recording the incident and sending it to other accused -- Appellant in custody for 01 year and 09 months – Challan filed but charges are yet to be framed, prosecution cited 14 witnesses, therefore, the conclusion of trial would take some time – Bail allowed.

(Para 5-7)

Public Gambling Act, 1867 (3 of 1867), Section 13(A) -- Indian Penal Code, 1860 (45 of 1860), Section 420 -- Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (43 of 1978), Section 4, 5 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Quashing of FIR -- Dara Satta/ Gambling -- S.I. was not authorised to conduct the raid -- Petitioners being the authorised dealer/ a member of National Commodity and Derivatives Exchange Limited, so no offence u/s 4 & 5 of 1978, Act made out -- Ingredients u/s 420 IPC are completely missing – FIR, summoning order and subsequent proceedings quashed.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Default bail -- Extension of time for investigation for another 180 days – Report of Public prosecutor – Requirement of -- Application for extension reveals that it was prepared by the Investigating Officer and forwarded by the Public Prosecutor, with no report submitted by the Public Prosecutor as per the mandate of Section 36A(4) of the NDPS Act -- Held, there has thus, been a failure to adhere to the requirements outlined in section 36A(4) of the NDPS Act -- Order of the trial Court granting extension of time to the investigating agency for completing investigation was erroneous -- Consequently, the impugned order set aside -- As a sequel to the above, since the investigation remained incomplete on the day application u/s 167(2) of the Cr.P.C. was filed by the petitioner, he deserves to be enlarged on default bail – Default bail allowed.

(Para 11-14)

A. Indian Penal Code, 1860 (45 of 1860), Section 306 – Abetment of suicide – Suicide note – In suicide note general allegation against the appellant and her family members (her father, mother and brother) that they are responsible for his suicide -- It is also stated therein that the local MLA had also given him a threat, and therefore, he committed suicide due to mental torture -- Taking the suicide note as it is, the same does not help the prosecution at all, especially when there is no evidence on record to show that the appellant was in touch with the deceased on the telephone or in any other manner -- Chargesheet quashed qua the appellant.

(Para 9, 12)

B. Indian Penal Code, 1860 (45 of 1860), Section 306 – Abetment of suicide – Quashing of charge-sheet -- No act is attributed to the appellant proximate to the time of the suicide which was of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide -- Therefore, no offence is made out against the appellant – Chargesheet quashed qua the appellant.

(Para 11, 12)

Code of Criminal Procedure, 1973 (2 of 1974), Section 378(4) -- Acquittal -- Leave to appeal -- Ordinarily, the order of acquittal will not be interfered with, merely because another view is possible -- Upon passing the order of acquittal, presumption of innocence in favour of the accused gets reinforced and strengthened.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail -- Both the parties sustained injuries in the same incident -- Three persons sustained injuries from the side of accused/ petitioner party; whereas three persons sustained injuries on behalf of the complainant party – Section 307 IPC has been invoked in both the cases -- It will be a matter of trial, as to which of the party is aggressor – Petitioners ordered to be released on bail subject to the satisfaction of the Arresting Officer/Investigating Officer.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder -- Regular bail -- Petitioner not named in the FIR but his name has been mentioned in the disclosure statement of co-accused -- Even during the course of the Trial the witnesses not properly identified the petitioner -- A co-accused though a juvenile treated as an adult has been granted the concession of bail -- Petitioner is otherwise a first time offender, in custody since 16.09.2021 and only 07 of the 35 Pws had been examined so far -- Trial is not likely to be concluded anytime soon – Bail allowed.

(Para 6-8)

Central Goods and Services Tax Act, 2017 (12 of 2017), Section 132 -- Integrated Goods and Services Tax Act, 2017 (13 of 2017), Section 20(XV) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – FIR under GST laws -- Regular bail -- Criminal liability of the petitioner is yet to be decided by the trial Court during the course of trial -- Petitioner was arrested on 19.04.2023 and the maximum sentence provided under the statute is five years -- Prosecution is based on the testimonies of official witnesses and the petitioner may not be in a position to influence the witnesses -- Even otherwise, the petitioner cannot be confined in jail as an under-trial for an indefinite period – Bail allowed.

(Para 6)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint -- Proprietorship Firm as party – Requirement of -- Neither it is the case of the petitioner/ accused that the amount in question had been advanced as loan to the firm nor the cross-examination of the complainant suggest any such stand of the petitioner -- Firm in question is a sole proprietorship firm of the petitioner/ accused and, as such, it cannot be said that the petitioner would not be responsible for the affairs of the said firm – Guilt of the petitioner/ accused upheld.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 482 -- Transit anticipatory bail – FIR in another State -- Court of Sessions or the High Court as the case may be can exercise jurisdiction and entertain a plea for limited anticipatory bail/ transit bail by way of interim protection for a limited duration even if the FIR has not been filed within its territorial jurisdiction -- FIR registered at Hyderabad City -- Petition disposed of with the directions that the arrest of the petitioner shall remain stayed for a period of 15 days to enable him to file an appropriate petition for the grant of anticipatory bail before the appropriate Court at Hyderabad in the State of Telangana.

(Para 7, 8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Foreign citizen -- Absconding -- Proclamation -- Petitioner was resident of UK since 1988 i.e. well before the relevant FIR was filed -- According to Section 82, a proclamation may be issued against an individual by the Court if it is reasonably believed that the person for whom a warrant has been issued has absconded or is hiding, making it impossible for the warrant to be carried out -- A person cannot be said to be “abscond” or “evade” the execution of warrant when he had gone to a distant place before the issue of the warrant.

(Para 6, 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Foreign citizen – Proclaimed person -- Petitioner is a resident of UK and has been a citizen of UK since the year 1988 i.e. 28 years – Petitioner has been shown to be a resident of Village in District Hoshiarpur but for all intents and purposes, the residence of the petitioner was in UK, therefore, there was no occasion for him to evade the process of law intentionally, as he was never served in accordance with law – Thus the proclamation order is in gross violation of Section 82 Cr.P.C – Impugned order vide which the petitioner has been declared proclaimed person, is bad in law and not sustainable, set aside.

(Para 9-11)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21, 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Mining offence – Quashing of FIR -- Registration of the FIR is bad in the eyes of law, as cognizance of an offence under the MMDR Act can only be taken upon a criminal complaint -- MMDR Act is a special statute provisions regarding procedure must be adopted, general provisions of the IPC or the Cr.P.C. will not be attracted -- FIR and subsequent proceedings quashed.

(Para 6-12)

A. Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 468, 471, 120B – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating -- Forgery – Quashing of FIR -- Information under RTI Act – Signature on application alleged to be forged -- No provision under the RTI Act or Rules made thereunder to file a complaint against an applicant, who sought any information under the said Act -- No loss of property or valuable security has been caused to the complainant, who is an official working under the DITS -- He had no locus standi to lodge prosecution against the petitioner(s) -- FIR ought to have been filed by SK, whose signatures are alleged to have been forged -- FIR and all subsequent proceedings quashed.

(Para 3, 13, 14)

B. Indian Penal Code, 1860 (45 of 1860), Section 415, 463, 464 -- Cheating – Forgery – Essential ingredients for commission of offence of cheating are deception and inducement to deliver any property to any person or to consent that any person shall retain any property – There must be an intention to induce a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property – Further, to attract ingredients of forgery, there must be making of a false document or false electronic record with an intention to cause damage or injury to the public or to any person.

(Para 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 467, 468, 471 -- Forgery -- Making of the false document is sine qua non for launching prosecution u/s 467, 468, 471 IPC.

(Para 11)

D. Indian Penal Code, 1860 (45 of 1860), Section 467, 468, 471 -- Forgery -- Ingredients of forgery are attracted; if a person (i) made or executed a document claiming to be someone else or authorized by someone else; (ii) materially altered or tampered a document; (iii) procured a document by deception from a person, who is not in control of his senses.

(Para 11)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406 -- Transfer of cheque bounce complaint -- Several complaint cases u/s 138 of the N.I. Act are pending in the Court at Gurugram, Haryana and it is a solitary case which was instituted in the Court at Dwarka – Parties to the proceedings are residents of Gurugram and the witnesses are also hailing from Gurugram – Complaint transferred from Dwarka Court, New Delhi to the Court of the Gurugram, Haryana.

(Para 3-6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 202 – Accused residing beyond jurisdiction – Enquiry before summoning -- Enquiry with respect to Section 202 CrPC can be conducted by the Magistrate himself – It is restricted only to find out the truth or otherwise of the allegations made in the complaint in order to determine whether process has to be issued or not -- Neither there was any requirement to join the accused nor it is required that all the witnesses shall be examined.

(Para 4, 6, 6.1)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 202 – Accused residing beyond jurisdiction – Enquiry before summoning -- Process issued after the complainant examined as many as six witnesses including himself and a handwriting expert after considering the documents brought on record by the complainant and the documents/ reports brought on record by the handwriting expert -- Requirement of enquiry substantially complied with.

(Para 4, 6.2)

Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Prevention of Corruption Act, 1988 (49 of 1988), Section 13(2), 13(1)(e) -- Indian Penal Code, 1860 (45 of 1860), Section 109 – Representation of the People Act, 1951 (43 of 1951), Section 8(3) – Suspension of conviction/ sentence -- High Court overturned the acquittal and has convicted the appellant for three years – Appellant who is a MLA will incur disqualification as a result of the conviction -- High Court has not considered the main question whether the view taken by the Special Court was a possible view -- Conviction and sentence suspended. Afjal Ansari’s case (2024) 2 SCC 187 relied.

(Para 2-6)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce complaint – Quashing of complaint – Basic ingredients – Requirement of -- Submission that complaint does not contain date of presentation of cheque before the bank, the date of return of the cheque as unpaid from the bank, the date of issuing mandatory notice within 30 days and the date of service of such notice on the drawee – Held, complaint cannot proceed u/s 138 of the N.I. Act without the basic ingredients being mentioned therein – Proceedings of Complaint case quashed.

(Para 2, 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 406, 468 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Cheating -- Petitioner already facing prosecution u/s 138 of the NI Act -- Submitted that mere dishonour of cheque does not amount to cheating – Appeal allowed, in case of arrest petitioner be released on bail by the arresting/ investigating officer/ trial court.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 498A, 323 -- Dowry Prohibition Act, 1961, (28 of 1961), Section 4 – Probation of Offenders Act, 1958 (20 of 1958), Section 4 – Appeal against acquittal – Duty of Appellate Court -- Limitation -- Trial Court acquitted the appellants -- Sessions Court convicted the appellants, however, granted a relief of probation -- High Court has not gone into the question, whether the Sessions Court was aware of the limitations of the appeal against acquittal -- 3 prosecution witnesses and 7 defence witnesses have been examined, there is not even a reference to the depositions of the said witnesses in the impugned judgment -- Impugned order set aside, matter  remanded for fresh consideration by the High Court.

(Para 3-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 148 – Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Cheque bounce case -- Appeal against conviction -- Suspension of sentence – Pre-condition of deposit of 20% of compensation amount -- Appellate Court required to consider whether the case falls in the exception or not -- Appellate Court directed to re-examine the case.

(Para 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Indian Penal Code, 1860 (45 of 1860), Section 174A – Settlement in cheque bounce complaint – Proclaimed person -- Quashing o FIR u/s 174A IPC -- Proceedings under the N.I. Act culminated in a settlement with the withdrawal of the complaint – F.I.R. u/s 174-A of IPC along with all subsequent proceedings quashed.

(Para 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 500, 501, 182, 183 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 195 -- Discharge in rape case – Defamation -- Discharged by holding that there is no incriminating evidence  -- No finding that the petitioner had been falsely implicated on the basis of false statements and fabrication of evidence – No finding of any Court or any Investigating Officer that false statements had been made – For offence u/s 193 IPC, the provisions of Section 195 Cr.P.C. were to be resorted to which had not been done -- Offence u/s 182 IPC is also not made out -- Even otherwise, the charge were framed -- No evidence of the filing of a false complaint to defame the petitioner – Dismissal of complaint upheld.

(Para 10, 11)