Sexual Assault by BSF Personnel – Conviction by GSFC under POCSO – Challenge to disciplinary proceedings and sentence of dismissal with imprisonment – Held: No procedural violation warranting interference – Petition dismissed – Sections 46 BSF Act, 10 & 29 POCSO Act applied [Paras 12-42].

Court-Martial Proceedings – Scope of Judicial Review – Article 226 of the Constitution – Interference with findings of GSFC can only occur in cases of perversity, illegality or gross violation of natural justice – Court does not sit in appeal over factual findings of GSFC – Findings of guilt and sentence of rigorous imprisonment and dismissal upheld as legally sustainable – No exceptional circumstances found to invoke constitutional jurisdiction – Petition rightly dismissed [Paras 33-34, 41].

Preliminary Inquiry – Rule 45B(1)(c) BSF Rules – Non-compliance with opportunity to cross-examine witnesses during Recording of Evidence (RoE) not fatal – Petitioner was afforded full opportunity to cross-examine witnesses at trial stage before GSFC – Relying on SC judgment in Union of India v Dev Singh – Irregularities at pre-trial stage do not vitiate proceedings if trial itself is fair and compliant with procedural law [Paras 12-15, 35].

POSH Act – Inapplicability in BSF Disciplinary Proceedings – Complaint mechanism under POSH Act not invoked by child victim or her guardians – Victim was minor girl under training and not an employee at workplace – BSF’s decision to proceed under its internal disciplinary mechanism under BSF Act not found to be improper – No prejudice shown by petitioner due to non-referral to Internal Committee – Rights under POSH Act not enforceable at the instance of accused [Paras 16-18, 26-27, 36].

Punishment – Combined Sentence of Dismissal and Imprisonment – Validity under BSF Act – No statutory bar to combining dismissal from service under Section 48(1)(c) with imprisonment – Section 50 permits such combination and Section 51 reinforces this position – Petitioner’s plea of illegality in sentencing rejected – GSFC acted within its authority under law [Paras 23, 37].

Evidence – Testimony of Minor Victim – Reliable and sufficient – Victim’s version remained consistent and credible – Direct testimony of victim not hearsay and not contradicted in cross-examination – Non-examination of hostel roommate and mother not fatal – No adverse inference warranted under Section 114(g) of the Evidence Act – Conviction supported by direct and corroborative evidence – Minor inconsistencies do not affect core credibility – Presumption under Section 29 of POCSO applies once foundational facts established – Victim’s statement sufficient for sustaining conviction [Paras 21-22, 38-40].

Procedural Compliance – No FIR or Medical Examination – Not mandatory under BSF disciplinary framework – Proceedings under BSF Act can commence without registration of FIR – Medical examination not essential where victim’s testimony is credible and offence does not involve penetrative sexual assault – Defence’s reliance on procedural lapses misplaced – GSFC proceedings in conformity with statutory provisions [Paras 19-20, 30].

Reliefs Sought – Reinstatement and Quashing of Sentence – Dismissed – Petitioner failed to establish violation of mandatory rules or miscarriage of justice – GSFC trial conducted lawfully – Direct evidence established guilt – No ground for interference in conviction or sentence – Plea of leniency also rejected considering seriousness of offence and minor age of victim [Paras 24-25, 41-42].

Arbitration – Patent Illegality – Section 34(2A) Arbitration Act – Award Set Aside – Arbitrator’s reliance on unregistered and unproven documents held perverse – Loan agreement and letter of security challenged as forged and unsupported by financial capacity – Arbitrator failed to examine evidentiary burden and applicable legal standards – Award suffers from patent illegality and stands set aside [Paras 7–32].

Evidence – Knowledge of Document Contents – Burden of Proof on Party Relying on Document – Arbitrator misapplied precedent (Rangnath Gopalrao Kawathekar) by ignoring that execution includes knowledge of contents – Respondent failed to prove petitioners’ knowledge or execution of Ex.C1 and Ex.C2 – Misreading of precedent held perverse [Paras 14–19].

Unregistered Document – Section 49 Registration Act – Improper Reliance on Ex.C2 – Arbitrator wrongly admitted security document (Ex.C2) for collateral purpose though main dispute was loan itself – Held: When main dispute concerns rights created by unregistered document, it cannot be relied upon – Violation of law as laid down in Paul Rubber Industries and K.B. Saha [Paras 23–26].

Financial Wherewithal – No Plausible Explanation by Lender – Arbitrator ignored key admissions during cross-examination – Income of Rs.4-5 lakhs shown against alleged cash loan of Rs.13.5 lakhs – Finding of financial capacity held unsustainable [Paras 27–29].

Decision – Arbitral Award Dated 25.02.2023 Set Aside – Respondent directed to pay ₹1,00,000 as costs to Petitioners within 4 weeks – Court exercised jurisdiction under Section 34(2A) and (2)(b)(ii) for perverse findings and violation of settled law [Paras 31–32].

Criminal Proceedings Against Doctors – Summoning Order for Medical Negligence Quashed – Magistrate failed to conduct mandatory enquiry or obtain expert opinion before issuing process under Section 304A IPC [Paras 15, 21–23, 29–30].

Medical Negligence – Section 304A IPC – Preliminary Enquiry Mandatory – Summoning Order Set Aside – Magistrate issued process against doctors without conducting enquiry under Section 202 CrPC despite petitioners residing outside jurisdiction – Held: Magistrate failed to examine supporting documents, did not apply mind or follow procedural safeguards before summoning – Order cryptic and non-speaking – Matter remitted for fresh consideration [Paras 15, 21–23, 29–30].

Medical Professional – Jacob Mathew Guidelines – No Prior Medical Board Opinion – Proceedings Vitiated – Complaint lacked credible medical board report from Government hospital applying Bolam test – Held: For prosecuting a doctor under Section 304A IPC, court must seek independent expert opinion before issuing process – Magistrate erred in ignoring this requirement under Jacob Mathew precedent [Paras 6, 19–20, 29–30].

Territorial Jurisdiction – Accused Residing Beyond Local Area – Section 202 CrPC Inquiry Mandatory – Summoning Invalid – Petitioners Nos. 2 & 3 not residing within jurisdiction of Magistrate – Held: Inquiry under Section 202 CrPC was mandatory before issuance of process – Magistrate's failure to comply renders process illegal [Paras 22–23, 29].

Summoning Process – Application of Mind – Requirement of Reasoned Satisfaction – Summoning Order Invalid – Held: Even if a detailed speaking order is not required, the order must reflect judicial satisfaction that complaint discloses prima facie offence – Absence of reasons or reference to documents renders order mechanical and unsustainable [Paras 21, 23–24].

Role of Magistrate – Not a Post Office – Active Scrutiny Required – Held: Duty of Magistrate to examine complaint intelligently, filter frivolous claims, and elicit supporting material – Complaint citing complex medical negligence required deeper scrutiny before setting criminal law into motion [Paras 23–27].

Remand – Direction for Medical Board – Fresh Order to be Passed – Held: Magistrate to constitute Medical Board of at least 3 Government Doctors including one Orthopaedician to opine on medical negligence – Opposite party to furnish documents within 8 weeks – Magistrate to proceed afresh thereafter [Paras 30–31].

Decision – Summoning Order Dated 04.03.2017 and Subsequent Orders Set Aside – Matter Remitted – Magistrate directed to seek medical board opinion and reconsider issuance of process in accordance with law [Para 30].

Criminal Law – Quashing of FIR - Abetment of suicide – FIR alleged illicit relationship between police constable (deceased) and applicant – No proximate act, instigation, or mens rea shown – Mere suspicion not enough – Continuation of trial would be abuse of process – FIR, charge sheet and Sessions Case quashed [Paras 18–27].

Abetment of suicide – Section 306 IPC – Essential ingredients – Prosecution must prove instigation, intentional aiding, or active participation by accused – Allegation that deceased lady constable was in illicit relationship with applicant not linked to her suicide note or circumstances of death – No act of provocation or coercion proximate to death – Court held ingredients of Section 306 not satisfied [Paras 13–17, 23–24].

Instigation – Meaning – Requires goading, urging, provoking or pressurizing the victim to commit suicide – Cited Ramesh Kumar v. State of Chhattisgarh, AIR 2001 SC 383 and M. Mohan v. State, AIR 2011 SC 1238 – Mere relationship or suspicion of misconduct, without positive acts of harassment or compulsion, cannot amount to instigation [Paras 13–16].

Mens rea – Requirement – Abetment requires culpable mental state – Prosecution evidence did not disclose guilty intention or participation by applicant – Statements of deceased’s relatives only expressed suspicion – Absence of independent corroboration or direct evidence – No proof of applicant’s mental process of aiding or compelling suicide [Paras 15–17, 25].

Evidence – FIR lodged by deceased’s mother based on suspicion of illicit relationship – Mobile phone call recordings did not suggest harassment or pressure – No suicide note recovered – Postmortem confirmed suicide by hanging but no material linking act to applicant – Sole reliance on relatives’ statements insufficient for trial [Paras 5–6, 17–18, 25].

Section 482 CrPC – Quashing – Parameters of R.P. Kapur v. State of Punjab, AIR 1960 SC 866 and Bhajan Lal, 1992 Supp (1) SCC 335 reiterated – Where allegations, even if taken at face value, do not disclose ingredients of offence, continuation of prosecution amounts to abuse of process – Court invoked inherent powers to prevent miscarriage of justice [Para 19].

Illicit relationship allegation – Held: Even if proved, cannot automatically constitute abetment of suicide absent proximity, instigation, or coercion – “Illicit intimacy” per se insufficient unless shown to have compelled victim to take extreme step – Laxmi Das v. State of W.B. (SC, 2025) and Vaibhav v. State of Maharashtra (Bom HC, 2025) followed [Paras 18–23].

Benefit of doubt – Criminal law requires strict proof of mens rea and active instigation – Suspicion, gossip or strained relations cannot sustain conviction – Where two views possible, one favouring accused must prevail – Held: FIR continuation would harass accused without legal foundation [Paras 24–26].

Decision – Application under Section 482 CrPC allowed – FIR No. 315/2021, charge sheet No. 17/2022, and Sessions Case No. 43/2022 quashed – Applicant discharged – No further proceedings maintainable [Paras 26–27].

Loan Fraud – Discharge Petitions – Criminal Conspiracy and Abuse of Official Position – Discharge Rejected – Prima facie material supports framing of charges under IPC and Prevention of Corruption Act [Paras 5-7, 14-16, 21-22, 33-35].

Discharge Petition – Criminal Conspiracy – Bank Loan Fraud – Section 13(1)(d) of Prevention of Corruption Act – Discharge Denied – The 2nd and 5th accused challenged dismissal of their discharge petitions in a case involving fraudulent loans sanctioned through conspiracy with bank officials to cheat State Bank of Travancore – The Court held that there was prima facie material including witness statements, cheques, and banking transactions indicating the accused’s role in the conspiracy – The discharge petitions were rightly dismissed [Paras 5-7, 14-16, 21-22].

Retrospective Application – Prevention of Corruption (Amendment) Act, 2018 – Earlier Offences Under Section 13(1)(d) Continue – Held: The amended provisions do not apply retrospectively to offences committed before 26.07.2018 – Section 6 of the General Clauses Act applies – Prosecution of prior offences under unamended Act valid [Paras 18-24, 27-30].

Mens Rea – Criminal Misconduct Under Section 13(1)(d)(iii) – Not Always Required – Legislative History Indicates Amendment Aimed at Excluding Acts Without Public Interest – But Pre-Amendment Offences Remain Punishable – Court rejected contention that amended provision should apply to pending proceedings [Paras 28-32].

Circumstantial Evidence – Prima Facie Material Sufficient to Frame Charges – In Conspiracy and Economic Offences, Direct Evidence Often Absent – Reliance Placed on Bank Documents, Witness Statements, and Transaction Trails – Court held that sufficiency of material warrants trial [Paras 14, 16, 20, 22].

Decision:

The Court dismissed both criminal revision petitions, upheld the Special Court’s refusal to discharge the 2nd and 5th accused, and held that the amended provisions of the Prevention of Corruption Act, 1988, do not affect pending prosecutions for offences committed prior to 26.07.2018 – Proceedings to continue under the unamended provisions [Paras 33-35].

Criminal Law - Possession Dispute – Section 145 CrPC – Magistrate’s Order Restored – Dispute over possession of land between developer and private parties – Magistrate, relying on documents and overt acts, held applicants were in settled possession as on 22.04.2017 and unlawfully dispossessed by police action – Sessions Court set aside order applying strict evidentiary standards – Supreme Court/High Court reiterated preventive nature of Section 145 CrPC, held Sessions Court exceeded revisional powers – Magistrate’s order restored; applicants entitled to possession through Court Receiver [Paras 23–64].

Criminal Procedure – Section 145 CrPC – Scope and Purpose – Proceedings preventive and summary in nature – Object is to maintain law and order by protecting actual possession, not to adjudicate ownership or title – Magistrate must decide who was in possession on relevant date or whether forcible dispossession occurred within two months prior – Strict rules of Evidence Act inapplicable [Paras 23–27].

Possession – Proof through Acts of Control – Applicants established possession by chain of documents: Deed of Assignment-cum-Surrender (10.12.2016), letter of possession (11.04.2017), registered conveyances, bank payments with TDS deduction, and corroboration by witnesses – Further proved by overt acts: erection of cabins, fencing, iron boards, engagement of security guards, and payment of taxes/electricity bills – Held sufficient to establish settled possession [Paras 30–34].

Evidentiary Standards – Preventive Proceedings – Magistrate entitled to rely on probative material including unregistered documents when showing possession – Sessions Court erred in discarding documents on technical grounds of registration and by applying strict rules of proof as in civil trial – Misapplied principle of Bareilly Electricity Supply Co. – [Paras 37–44, 50–52].

Forcible Dispossession – Police Action – Evidence showed applicants’ structures and boards at site on 22.04.2017 – Panchanama and removal of cabins/fencing by police indicated dispossession – Magistrate correctly held applicants in possession and unlawfully ousted – [Paras 34–36].

Preliminary Order – Requirement under Section 145 – Absence of separate preliminary order not fatal where High Court itself directed inquiry under Section 145, later confirmed by Supreme Court – Substantive compliance sufficient [Paras 53–58].

Revisional Jurisdiction – Limits – Sessions Court exceeded jurisdiction by reappreciating entire evidence and substituting findings of fact – Interference only permissible for jurisdictional or glaring legal errors – Magistrate’s findings based on probative material restored [Paras 59–61].

Decision – Revision Allowed – Order of Sessions Court dated 04.08.2022 set aside – Order of Magistrate dated 21.12.2019 restored – Court Receiver directed to hand over physical possession to applicants after charges paid, with police assistance if necessary [Paras 62–64].

Service Law – Termination of University Employee – Mala fides and Vindictiveness – Fourth termination order challenged – Allegations of forged Ph.D. degree and misuse of salutation “Dr.” – Petitioner denied ever submitting any Ph.D. certificate – Proceedings found to be initiated only after petitioner lodged sexual harassment complaint against Registrar – Held: Proceedings actuated by mala fide intent, bias, and extraneous considerations – Termination unsustainable – Writ Petition Allowed [Paras 52–63].

Disciplinary Proceedings – Proof of Misconduct – Requirement of Cogent Evidence – Mere mention of “pursuing Ph.D.” in CV does not amount to false claim – No material produced to show petitioner gained appointment/promotion using alleged fake degree – Findings based on conjectures cannot constitute misconduct [Paras 53–61].

Bias and Abuse of Power – Initiation of Proceedings after Complaint Against Registrar – Vindictive Approach – Courts have held mala fide and biased disciplinary proceedings void ab initio – Registrar acted with personal enmity; authorities misused process – Proceedings vitiated [Paras 55–59].

Doctrine of Proportionality – Misconduct Must Be Grave, Supported by Evidence – Courts can interfere if punishment shocks conscience – In present case, no misconduct proved; dismissal wholly disproportionate and arbitrary [Paras 47–51].

Decision – Impugned termination order dated 14.12.2024 quashed – Petitioner entitled to reinstatement with consequential benefits – Writ Petition Allowed [Paras 62–63].

Civil Procedure – Permanent Injunction – Ownership and Possession Dispute – Regular Second Appeal against concurrent findings of fact – Plaintiffs claimed ownership of plots 57, 58, 59 through sale deeds and sought injunction against defendants’ alleged attempt to carve passage – Trial Court dismissed suit, First Appellate Court partly decreed only portion BCEX based on defendants’ admission – High Court upheld concurrent findings – Held: Plaintiffs failed to establish title and possession over entire claimed land – No interference warranted under Section 100 CPC [Paras 3–7, 13–20].

Evidence – Parchi Allotments and Site Plans – Plaintiffs relied on allotment parchis and private site plan (Ex.P-2) without demarcation – Court held parchis showed only area, no boundaries/dimensions – Failure to link claimed land to purchased plots weakened case – Local Commissioner’s site plan (Ex.D-7) prepared in presence of parties accepted as reliable – Plaintiffs’ plan rejected [Paras 9–14].

Admissions – Effect of Witness Statements – Plaintiffs’ own witnesses admitted existence of street and boundary walls between properties – Appellate Court relied on such admissions to hold defendants’ possession lawful – Such admissions corroborated Local Commissioner’s findings – Appeal dismissed [Paras 15–16].

Scope of Second Appeal – Concurrent Findings of Fact – High Court reiterated limited scope of interference under Section 100 CPC – Findings based on reliable evidence including Local Commissioner’s report and witness admissions – No perversity or substantial question of law arose – Appeal dismissed [Paras 18–20].

Decision – Appeal Dismissed – Judgment of First Appellate Court dated 16.11.1999 affirmed – Permanent injunction limited to portion BCEX – Plaintiffs’ claim over rest of land rejected – No order as to costs [Para 20].

Interim Injunction – Suit for Specific Performance – Material Misstatement – Injunction Set Aside – The plaintiff/respondent filed a suit seeking specific performance of a property sale agreement and obtained interim injunction restraining alienation of the property – Petitioner challenged the orders under Article 227, alleging misrepresentation in pleadings regarding extension of time for performance – The plaintiff admitted in evidence that he had sent the message extending the date, contrary to the claim in the plaint that it was sent by the defendant – Held: Interim orders based on misstatement of material facts cannot be sustained – Interim injunction quashed – Orders of the trial and appellate courts set aside [Paras 11–11.5].