Criminal Law – Quashing – FIR - Freedom of Speech – Social Media Post – No Incitement to Violence – The petitioner, a journalist, was charged under Sections 153A and 505 IPC based on a tweet analyzing Karnataka’s budget allocations for different religious communities – The tweet merely presented factual information derived from a public document (state budget) and contained no incendiary language – Held: The tweet did not promote enmity, hatred, or ill-will between religious groups nor did it amount to a public mischief – FIR quashed [Paras 5-10].

Mens Rea – Essential for Offence under Section 153A IPC – The Court reiterated that for an offence under Section 153A IPC, a clear and manifest intent to promote enmity between groups is a sine qua non – Mere criticism or factual comparison of government policies does not attract criminal liability – Held: The petitioner’s tweet was an exercise of free speech protected under Article 19(1)(a) of the Constitution, and prosecution under Section 153A IPC was unwarranted [Paras 10-14].

Section 505 IPC – No Public Mischief or Incitement – The prosecution alleged that the petitioner’s tweet could incite public unrest – The Court held that to invoke Section 505 IPC, the statement must have a tendency to create public disorder, incite violence, or spread alarm among the public – Since the tweet was a factual analysis without inflammatory language, it did not meet the threshold for invoking Section 505 IPC – Held: FIR quashed as continuation of prosecution would be a gross abuse of process [Paras 15-18].

Abuse of Criminal Process – Quashing of FIR under Section 482 CrPC – The Court observed that the complainant did not appear in court to support the allegations, indicating an ulterior motive – Citing State of Haryana v. Bhajan Lal (1992), the Court held that when allegations in the FIR do not prima facie constitute an offence, quashing under Section 482 CrPC is justified – Held: The complaint was frivolous and filed for extraneous reasons, warranting interference under Section 482 CrPC [Paras 26-28].

Decision: Petition allowed. FIR in Crime No. 6 of 2024 quashed.
 

Service Law – Recruitment Criteria – CGLE Notice vs. Recruitment Rules – Tribunal’s Order Set Aside – Petitioners challenged CAT’s order granting relief to candidates who were rejected for failing to meet the CGLE 2019 eligibility criteria – Tribunal held that the Recruitment Rules (RRs) would override the CGLE Notice – Held: The CGLE Notice merely clarifies the RRs and does not contradict them – Requirement of studying Statistics for all three years of graduation is essential for SIG-II role, given its statistical analysis responsibilities – Tribunal’s order directing appointment of ineligible candidates set aside [Paras 10-18].

Administrative Law – Eligibility Conditions in Advertisement – Candidates Bound by Stipulated Criteria – Respondents participated in the recruitment process knowing the eligibility conditions but challenged them only after being declared ineligible – Held: A candidate who voluntarily takes part in a selection process cannot later dispute the prescribed qualifications upon failing – Doctrine of estoppel applies – Candidates cannot claim relaxation of criteria retrospectively [Paras 19-22].

Judicial Precedents – Recruitment Rules vs. Executive Instructions – Clarificatory Role of CGLE Notice Upheld – Tribunal erroneously held that the CGLE Notice imposed additional conditions beyond the RRs – Held: Where statutory rules are silent, executive instructions can supplement but not override them – CGLE Notice aligns with the job requirements of SIG-II and ensures competent selection – Precedents relied upon by respondents distinguishable [Paras 13-16].

Final Decision – Writ Petition Allowed – Tribunal’s Order Quashed – High Court allowed the petition, holding that CGLE 2019 eligibility conditions were valid and binding – Respondents not entitled to appointment – No costs imposed [Para 24].
 

Negotiable Instruments Act – Deposit of 20% Compensation – Judicial Discretion – Orders Set Aside – The petitioner, convicted under Section 138 of the NI Act, challenged the ASJ’s order requiring him to deposit 20% of the compensation amount for suspension of sentence – Petitioner contended that the ASJ erroneously treated the deposit as mandatory and failed to exercise discretion – Held: The phrase “may order” in Section 148 of the NI Act grants discretion to the appellate court – Imposition of deposit must be reasoned and not automatic – ASJ failed to consider the petitioner’s financial capacity and wrongly assumed ownership of a business in its reasoning – Orders directing deposit quashed, and matter remanded for fresh consideration [Paras 15-20].

Criminal Procedure – Right to Appeal – Unjustified Financial Burden Not Permitted – Appellate courts must ensure that financial conditions do not unjustly deprive the convicted person of their right to appeal – Held: Courts must assess financial capacity before directing deposit – Blanket imposition of deposit without application of mind is not permissible – ASJ’s order lacked proper assessment, warranting remand for reconsideration [Paras 22-24].

Judicial Precedents – Applicability of Supreme Court Rulings – Failure to Follow Established Law – Petitioner relied on Jamboo Bhandari v. MP State Industrial Development Corporation Ltd., (2023) 10 SCC 446, and Surinder Singh Deswal v. Virender Gandhi, (2019) 11 SCC 341 – Held: Supreme Court has clarified that while deposit under Section 148 is generally required, exceptions can be made where the deposit would be unjust or deprive the appellant of their right to appeal – ASJ failed to apply these principles, necessitating fresh consideration [Paras 21-22].

Final Decision – Orders Quashed – Case Remanded for Fresh Consideration – High Court set aside the ASJ’s orders dated 27.01.2025 and remanded the matter for reconsideration of the deposit requirement in light of the petitioner’s financial condition and Supreme Court precedents – ASJ directed to pass fresh orders after proper evaluation [Paras 30-35].

Service Law – Resignation Under Duress – No Break in Service – Writ Petition Allowed – The petitioner, an Assistant Engineer in the Howrah Municipal Corporation, was required to resign before being released for deputation as an Executive Engineer under the Ministry of Surface Transport – Upon termination of deputation, he was reappointed as an Assistant Engineer but was denied continuity of service due to an alleged break – Held: The resignation was not voluntary but imposed as a condition for deputation – Resignation letter was conditional and does not constitute a valid resignation – The break in service must be condoned [Paras 19-26].

Employment Law – Conditional Resignation – Not a Voluntary Relinquishment of Office – A valid resignation requires an unconditional intention to relinquish office – Held: Since the resignation was a forced precondition for deputation and not voluntary, it cannot be treated as a resignation in law – Relying on Dr. Prabha Atri v. State of U.P., (2003) 1 SCC 701 and Moti Ram v. Param Dev, (1993) 2 SCC 725, the court held that an employee cannot be deemed to have resigned if the act was compelled by the employer [Paras 20-22].

Continuity of Service – Break in Service Unjustified – Petitioner Entitled to Benefits – The Howrah Municipal Corporation imposed the resignation condition, which led to the break in service – Held: Since the break was due to the Corporation’s actions, the petitioner must be treated as being in continuous service from his original appointment date – Following Sushil Kumar Yadunath Jha v. Union of India, (1986) 3 SCC 325, the court directed reinstatement with full financial and retirement benefits [Paras 30-40].

Final Decision – Writ Petition Allowed – Break in Service Condoned – Financial Benefits Granted – High Court quashed the Corporation’s decision treating the period as a break in service – Directed the Corporation to restore continuity of service and pay arrears and retirement benefits within six weeks [Paras 41-42].

Criminal Procedure – Maintainability of Second Criminal Appeal under SC/ST Act – Not Permissible – The primary issue was whether an accused can file a second appeal before the High Court after dismissal of a previous bail appeal under Section 14A(2) of the SC/ST Act – The Court held that once an appeal is dismissed by the High Court, a second appeal against the same order rejecting bail is not maintainable – The only available remedy for the accused is to file a fresh bail application before the Special Court based on changed circumstances – Held: Second criminal appeal against the same order rejecting bail is not maintainable [Paras 12-16].

Doctrine of Functus Officio – High Court Cannot Reconsider Its Earlier Bail Decision – The Court applied the doctrine of functus officio, stating that once the High Court adjudicates an appeal under Section 14A(2) of the SC/ST Act, it becomes functus officio and cannot reconsider the same order in a second appeal – The principle was upheld in Shankar Kerba Jadhav v. State of Maharashtra (1969) 2 SCC 793, where it was held that an appellate court functions as a "court of error" and cannot revisit an order already decided – Held: High Court lacks jurisdiction to entertain a repeat appeal on the same rejection order [Paras 15-18].

Right to Bail – Fresh Bail Application Before Special Court Required After Dismissal of Appeal – The accused must file a fresh bail application before the Special Court if new grounds or changed circumstances arise – The mere rejection of an earlier bail appeal does not bar a fresh bail application before the Special Court – Held: The accused retains the right to seek bail, but must approach the Special Court first [Paras 19-21].

Interpretation of Section 14A(2) of the SC/ST Act – Non-Obstante Clause Does Not Permit Repetitive Appeals – The non-obstante clause in Section 14A(2) overrides Section 378(3) of CrPC but does not override the settled principles of res judicata in bail matters – The High Court clarified that each bail application must be assessed on its own merits and procedural safeguards must be maintained – Held: The non-obstante clause does not permit repetitive bail appeals before the High Court [Paras 22-25].

Decision: Criminal Appeals Dismissed – The Court held that a second criminal appeal under Section 14A(2) of the SC/ST Act is not maintainable after the dismissal of the first appeal – The accused must file a fresh bail application before the Special Court if there is a change in circumstances – Liberty granted to the appellants to seek fresh bail before the Special Court under Section 439 CrPC – No costs awarded [Paras 26-28].
 

Criminal Law – Attempt to Commit Rape – Prima Facie Case Not Made Out – Summoning Order Modified – The revisionists were summoned for attempt to commit rape (Section 376 read with Section 18 of POCSO Act) based on allegations that they grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert – The Court held that these acts did not establish a prima facie case of attempt to rape, as there was no evidence of an intent to commit penetrative sexual assault – Held: Summoning order modified; accused to be charged under Sections 354(b) IPC and Section 9/10 of the POCSO Act instead [Paras 26-29].

Standard for Attempt to Commit Rape – Distinction Between Preparation and Attempt – The Court applied the test for attempt in sexual offences, holding that an attempt requires an overt act beyond mere preparation – Citing Rex v. James Lloyd (1836) 7C & P 817 and Express v. Shankar (1881) ILR 5 Bom 403, the Court ruled that mere disrobing or touching without further decisive action does not constitute an attempt to rape – Held: The accused’s conduct did not indicate an unequivocal intent to commit rape, and therefore, the charge under Section 376 IPC was unsustainable [Paras 24-25].

POCSO Act – Aggravated Sexual Assault – Conviction Under Section 9/10 of POCSO Act Justified – The Court held that the allegations against Akash and Pawan constituted aggravated sexual assault under Section 9(m) of the POCSO Act, as the victim was below 12 years of age – The punishment for aggravated sexual assault under Section 10 of POCSO Act is imprisonment for not less than five years but up to seven years – Held: The accused shall face trial under Section 354(b) IPC and Section 9/10 of POCSO Act instead of Section 376 IPC [Paras 27-28].

Criminal Intimidation – Summoning Under Sections 504 and 506 IPC Upheld – The victim’s family was allegedly threatened with a country-made pistol, and the victim's mother was abused and intimidated when she complained – The Court held that these acts justified summoning the accused Ashok under Sections 504 and 506 IPC – Held: No modification required in summoning for criminal intimidation charges [Paras 22-23].

Decision: Revision Partly Allowed – The Court modified the summoning order, holding that the accused Akash and Pawan should be charged under Sections 354(b) IPC and Section 9/10 of the POCSO Act, instead of Section 376 IPC read with Section 18 of POCSO Act – The summoning of Ashok under Sections 504 and 506 IPC remains unaltered – Trial court directed to issue fresh summons accordingly [Paras 29-30].

Landlord-Tenant Law – Eviction on Termination of Tenancy – Appeal Dismissed – Plaintiff, the owner of the suit premises, initiated eviction proceedings after serving a valid quit notice – Defendant claimed lower rent and denied arrears – Trial court decreed eviction, which was upheld by the first appellate court – Held: The tenancy was month-to-month and duly terminated under Section 106 of the Transfer of Property Act – The tenant failed to provide evidence of regular rent payments – Eviction order upheld [Paras 16-19].

Civil Procedure – Second Appeal – No Substantial Question of Law – Appeal Not Maintainable – Appellant sought to challenge concurrent findings of fact – Held: A second appeal under Section 100 CPC can only be admitted on substantial questions of law – No legal issues warranting interference were raised – High Court cannot reappreciate factual findings of lower courts unless there is a manifest error or violation of law – Appeal dismissed at admission stage [Paras 20-22].

Judicial Precedents – Scope of Second Appeal – Limited to Substantial Questions of Law – Following Boodireddy Chandraiah v. Arigela Laxmi, (2007) 8 SCC 155, and Gurdev Kaur v. Kaki, AIR 2006 SC 1975, the court held that factual determinations by lower courts are binding unless there is a legal infirmity – Mere dissatisfaction with concurrent judgments does not justify a second appeal [Paras 13-15, 22].

Final Decision – Second Appeal Dismissed – Three Months Time for Tenant to Vacate – High Court dismissed the second appeal, confirming the eviction order – Granted three months for the appellant/tenant to vacate the premises – No costs imposed [Para 23].

Criminal Law - Rash and Negligent Driving – Absence of Direct Evidence – Conviction Set Aside – The petitioner, a bus driver, was convicted for rash and negligent driving, causing an accident that resulted in multiple injuries and one fatality – The prosecution relied on circumstantial evidence, as no witness directly observed the petitioner driving negligently – Held: In criminal trials, the prosecution must prove guilt beyond a reasonable doubt – Since none of the witnesses, including the passengers and the complainant, saw the petitioner driving rashly, the conviction could not be sustained [Paras 7-10].

Eye-Witness Testimony – Lack of Direct Observation – Benefit of Doubt – The trial court relied on witness statements that were based on hearing the accident rather than seeing the petitioner’s driving behavior – The complainant (P.W.1) himself admitted that he did not see the petitioner’s driving before the accident – Held: Conviction under Section 304(A) IPC requires clear evidence of culpable negligence, which was absent in this case – The petitioner was entitled to the benefit of the doubt [Paras 9-10].

Judicial Review – Failure of Lower Courts to Properly Appreciate Evidence – Both the trial court and the appellate court convicted the petitioner without properly assessing the lack of direct evidence – The High Court found that the findings of both courts were perverse and resulted in a miscarriage of justice – Held: The revision petition was allowed, and the petitioner was acquitted [Paras 11-12].

Decision: Conviction and sentence set aside. The petitioner acquitted, and any fine amount paid to be refunded.
 

Interim Maintenance – Non-compliance with Supreme Court Guidelines – Order Set Aside - petitioner challenged an interim maintenance order passed by the Family Court, Kollam, contending that the order was issued without compliance with the mandatory requirement of filing an Affidavit of Disclosure of Assets and Liabilities as prescribed in Rajnesh v. Neha. The Supreme Court mandated that all maintenance proceedings must be accompanied by disclosure affidavits to ensure transparency in financial status. Held: Since neither party filed the required affidavits, the interim maintenance order is unsustainable and is set aside. The case is remitted to the Family Court for fresh adjudication in compliance with Rajnesh v. Neha [Paras 5-7].

Family Court Jurisdiction – Requirement of Financial Disclosure in Maintenance Cases – Mandatory Compliance Directed

The Kerala High Court observed that despite the Supreme Court’s directions in Rajnesh v. Neha and Aditi alias Mithi v. Jithesh Sharma [(2023) SCC OnLine SC 1451], various Family Courts continue to decide maintenance applications without ensuring the submission of affidavits disclosing financial status. Held: All courts in Kerala dealing with maintenance cases must strictly adhere to the Supreme Court guidelines, ensuring that affidavits of financial disclosure are filed before passing any interim or final maintenance orders [Paras 6, 8].

Procedural Fairness – Remand for Fresh Consideration – Compliance with Supreme Court Guidelines - High Court directed the Family Court to reconsider the interim maintenance application after ensuring both parties file their financial disclosure affidavits. Petitioner granted ten days to file an affidavit, failing which the Family Court may decide the matter based on available records. Held: The case is remanded for fresh disposal, and all courts in Kerala handling maintenance cases are instructed to follow Rajnesh v. Neha guidelines in all future proceedings [Paras 7-11].

Decision: The interim maintenance order is set aside. The case is remitted to the Family Court, Kollam, for fresh adjudication, ensuring compliance with Rajnesh v. Neha. All courts in Kerala are directed to enforce financial disclosure requirements before deciding maintenance cases.