Prevention of Corruption – Acquittal Appeal – State challenged acquittal of accused for offences under the Prevention of Corruption Act – High Court upheld acquittal, noting discrepancies in prosecution's case and lack of credible evidence against respondent No.2 – Highlighted importance of consistency and corroboration in evidence for conviction [Paras 1-13].

Evidence and Witness Testimony – Material Contradictions – Court noted significant contradictions in witness testimonies and evidence – Prosecution's case weakened by hostile witnesses and inconsistent statements regarding demand and acceptance of bribe – Emphasized need for clear and consistent evidence in corruption cases [Paras 9-10].

Legal Principles and Standards – Presumption of Innocence – Court reinforced the principle that acquittal should not be overturned unless findings are perverse or manifestly erroneous – Referenced Supreme Court rulings underscoring cautious approach in reversing acquittals [Paras 8, 11].

Decision: Appeal dismissed – Acquittal confirmed – Trial court's judgment upheld due to lack of compelling evidence and contradictions in prosecution’s case [Paras 13].

Negotiable Instruments Act, 1881 - Section 138 - Expeditious Trial - Application under Section 482 Cr.P.C. seeking direction for expeditious conclusion of trial - Complaint filed in 2021 but trial not concluded - Emphasis on statutory mandate under Section 143(2) and 143(3) N.I. Act for day-to-day trial and conclusion within six months - Apex Court directions in Indian Bank Association v. Union of India (2014) and In Re: Expeditious Trial of Cases under Section 138 N.I. Act (2021) for speedy disposal of cases reiterated - Court directs trial court to conclude trial within six months from receipt of order copy. [Paras 1-8]

Directions for Expeditious Disposal - Section 138 N.I. Act - Supreme Court Directions - Court reiterates necessity for expeditious trial and disposal of cases under Section 138 - Magistrates directed to follow procedures ensuring speedy trials as per guidelines from Supreme Court - Directions include day-to-day hearings, proper service of summons, and adherence to statutory timelines - Application disposed of with directions for trial court. [Paras 3-7]

Decision: The court directs the 5th Additional Civil Judge (Jr. Division)/Judicial Magistrate, Court No. 18, Basti, to conclude the trial of Complaint Case No. 23545 of 2021 expeditiously, preferably within six months from the date of receipt of the certified copy of this order, in accordance with Sections 143(2) and 143(3) of the N.I. Act, subject to no legal impediments. [Para 8]

Medical Reimbursement – Ayushman Bharat Scheme – Respondent underwent heart surgery and incurred Rs.1,24,000 in expenses at petitioner hospital – Hospital charged respondent as no proof of insurance under Ayushman Bharat Scheme was provided – Post-treatment, respondent submitted requisite documents to District Collector for reimbursement, which was denied – Permanent Lok Adalat directed hospital to reimburse Rs.1,16,420 plus Rs.5000 costs – High Court upholds reimbursement order, quashing cost imposition [Paras 1-14].

Delayed Submission of Documents – Respondent’s family did not submit insurance proof during critical treatment – High Court finds this does not disqualify respondent from benefits under Ayushman Bharat Scheme – Proper documents submitted post-treatment entitles reimbursement – Hospital to seek reimbursement from State Government [Paras 6-13].

Decision – Writ Petition Disposed – Petitioner to reimburse Rs.1,16,420 to respondent within two weeks upon submission of insurance documents – Petitioner to seek reimbursement from State Government within eight weeks – Rs.5000 cost imposed by Lok Adalat quashed [Paras 12-14].
 

Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his wife – Prosecution based on circumstantial evidence, including extra-judicial confession and footprints at the crime scene – High Court finds inconsistencies in prosecution's evidence, including contradictions in witness statements and lack of forensic evidence – Conviction quashed due to failure to meet standards for circumstantial evidence [Paras 1-25].

Extra-Judicial Confession – Reliability – High Court notes extra-judicial confession was a weak piece of evidence and recorded after a significant delay – Confession by appellant to relatives of the complainant, viewed as insufficient to sustain conviction [Para 14.1].

Footprints as Evidence – High Court finds no forensic examination conducted on footprints alleged to be of the appellant – Presence of footprints at the crime scene not conclusively linked to the appellant, creating doubt about their reliability as evidence [Para 16].

Motive and Last Seen Theory – Prosecution's assertion of marital discord as motive not substantiated – Alleged "last seen" theory undermined by lack of corroborative evidence – High Court emphasizes need for complete and cogent chain of evidence in circumstantial cases [Paras 19-21].

Decision – Appeal Allowed – Conviction and sentence set aside – Appellant acquitted – High Court directs discharge of bail bonds – Case emphasizes strict scrutiny required for circumstantial evidence to uphold a conviction [Paras 25-26].

Criminal Law – Conviction for Murder – Appellants convicted under Sections 302, 147, 148, 149, and 323 IPC – Based on eyewitness accounts, TIP, and recovery of weapons – High Court upholds conviction, finding no legal infirmity in trial court’s judgment – Evidence sufficiently corroborates prosecution’s case [Paras 1-20].

Eyewitness Testimony – Reliability – Two key eyewitnesses, P.W.1 and P.W.6, provided consistent accounts of the incident – Their testimonies corroborated by medical evidence and recovery of weapons – High Court finds no contradictions or unreliability in their statements [Para 13].

Test Identification Parade (TIP) – Legality and Procedure – TIP conducted lawfully in presence of Magistrate – Accused properly identified by eyewitnesses – High Court dismisses contention of procedural lapses, confirming TIP’s validity [Paras 14-14.2].

Recovery of Weapon – Forensic Evidence – Lathi recovered from appellant Karni Singh found with bloodstains – Corroborates eyewitness testimony and strengthens prosecution’s case – High Court considers recovery as valid evidence [Paras 11.1, 17].

Motive and Intention – Prior Enmity – Prosecution established motive based on prior enmity between parties – Appellants acted with common intention to commit murder – High Court affirms conviction based on motive and cumulative evidence [Para 18].

Decision – Appeals Dismissed – Conviction and sentence upheld – Appellants to be taken into custody to serve remaining sentence – Bail bonds cancelled [Paras 19-21].

Criminal Procedure – Preliminary Enquiry – Section 340 Cr.P.C. – Requirement for Enquiry – Petitioner argued that court should have conducted a preliminary enquiry before ordering prosecution under Sections 340 & 344 Cr.P.C. – Court held that preliminary enquiry is not mandatory if the court can form a prima facie opinion – Petition dismissed [Paras 4-39].

Forged Documents – Issuance and False Evidence – Tehsildar's Actions – Allegations of Forgery – Trial court found that petitioner, as Tehsildar, issued a forged patta and provided false evidence – Directions for criminal action justified – Upheld by High Court [Paras 3-39].

Judicial Review – Certiorari and Mandamus – Scope and Limitations – Writ petition to quash order and prevent action against petitioner dismissed – No interference warranted when trial court followed procedure [Paras 7-10].

Decision:

Petition dismissed. Collector, Chhatarpur directed to proceed with actions as per trial court’s recommendations.

Criminal Law - Writ of Mandamus and Transfer of Investigation -  Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds ongoing investigation without bias, despite delay in arrest - Directs Investigating Officer to conduct fair and unbiased investigation - Petition disposed of with liberty to petitioner to re-approach if investigation seems improper. [Paras 1-4, 13]

Criminal Law - Anticipatory Bail -  Bail application filed under Section 438 Cr.P.C. by the accused in the same crime - Allegations of molestation and abuse of a doctor in her clinic - Prosecution provides substantial evidence including victim's statement and CCTV footage - Court emphasizes necessity of custodial interrogation for effective investigation - Anticipatory bail denied considering seriousness of allegations and the non-bailable nature of offences under amended Healthcare Act. [Paras 5-12]

Trend of Violence Against Healthcare Professionals -  Court notes increasing instances of violence against doctors and hospital staff - Refers to legislative amendment making such offences non-bailable - Highlights the need for strict enforcement to deter such crimes - Upholds importance of custodial interrogation in serious cases involving healthcare professionals to ensure thorough investigation. [Paras 11-12]

Decision:- Anticipatory Bail Application No. 3364 of 2024 dismissed.- Writ Petition (Criminal) No. 385 of 2024 disposed of, directing current Investigating Officer to continue investigation fairly.

Criminal Law – Offences under Sections 354, 294(b), 323 IPC and Section 4(1)(i) of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023 – Petition for transfer of investigation and anticipatory bail – High Court’s dismissal of bail application and writ petition – Importance of custodial interrogation emphasized by Court – Judicial scrutiny upheld the need for arrest to ensure thorough investigation – Dismissal of anticipatory bail based on severity of allegations and existing evidence [Paras 1-12].

Evidence Evaluation – Court evaluated statements and case diary indicating prima facie evidence supporting the complainant’s allegations – Court found allegations credible and necessitated further investigation, rejecting anticipatory bail – Judicial scrutiny confirmed investigation was conducted appropriately without bias, but with an emphasis on necessity for arrest and custodial interrogation [Paras 9-13].

Decision – Dismissal of Bail Application and Disposition of Writ Petition – Held – Bail application was dismissed due to serious nature of allegations and necessity for custodial interrogation – Writ petition for transfer of investigation dismissed as current investigation was deemed satisfactory – Defacto complainant given liberty to re-approach the Court if further issues with investigation arise. [Para 13].

Criminal Procedure – FIR Quashing – Section 482 Cr.P.C. – Allegations of dowry harassment and assault – Petitioner claims false implication due to long-standing family estrangement – Court examines specific allegations and finds prima facie case warranting investigation – Application dismissed [Paras 1-18].

Investigation – Role of Accused – Right to Influence – Accused has no right to dictate the manner of investigation – Allegations must be investigated without interference from accused [Paras 13-15].

Natural Justice – Application in Criminal Investigation – Accused not entitled to prior hearing or choice of investigating agency – Consistent view that accused cannot demand specific investigation methods [Paras 24-30].

Decision:

Application for quashing the FIR dismissed. Investigation to proceed.