Criminal Procedure Code – Registration of FIR – Non-compliance with Sections 154(1) and 154(3) Cr.P.C. – Application under Section 156(3) Cr.P.C. filed without first approaching police authorities and without supporting affidavits – Held, application under Section 156(3) Cr.P.C. is maintainable only after following the procedure under Sections 154(1) and 154(3) Cr.P.C. – Impugned orders and FIR quashed. [Para 18]

Judicial Mind – Speaking Order – Orders passed without application of judicial mind – Magistrate required to verify veracity of allegations before directing registration of FIR – Impugned orders show no reflection of application of mind – Orders not sustainable. [Para 24]

Concealment of Facts – Complainant concealed fact of pending appeal against civil court decree to gain advantage – Held, complainant not entitled to relief for not approaching court with clean hands – Impugned orders and FIR quashed. [Para 24]

Service conditions of officers and servants of High Court – Primacy of Chief Justice – Enhancement of retirement age – Proposal to enhance retirement age from 56 to 58 years – Committee recommendation for enhancement of retirement age for meritorious employees – Government’s rejection citing parity with government servants’ retirement age – Jurisdiction of Chief Justice and state legislature to determine service conditions – Constitutional interpretation of Article 229 – Comity between institutions – Independence of judiciary – Need for deliberations and consideration of proposal – Remittance of matter for government’s reconsideration. [Para 10]

Article 229 of the Indian Constitution – Appointment and service conditions of High Court officers and servants – Chief Justice’s authority – State legislature’s power – Primacy of Chief Justice in appointment – Service conditions subject to state legislation – Constitutional interpretation – Comity between different institutions – Institutional integrity and independence of judiciary – Financial freedom and autonomy of judiciary. [Para 7, Para 8]

Kerala High Court Services (Determination of Retirement Age) Act, 2008 – State legislation determining retirement age in High Court service – Amendment fixing retirement age at 56 years – Proposal to enhance retirement age – Meritorious employees – Consideration of proposal by government – Need for proper perspective and evaluation – Protection of institutional interest – Remittance of matter for government’s reconsideration. [Para 10]

ervice conditions of officers and servants of High Court – Primacy of Chief Justice – Enhancement of retirement age – Proposal to enhance retirement age from 56 to 58 years – Committee recommendation for enhancement of retirement age for meritorious employees – Government’s reje

Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship – Petitioner seeks quashing of FIR to prevent abuse of legal process. (Para 1-3)

Court’s observation – Victim did not allege forceful kidnapping and had a consensual physical relationship with petitioner after attaining majority – Marriage between petitioner and victim exists with a child – Continuing criminal proceedings would amount to abuse of legal process. (Para 5)

Court’s decision – FIR and all criminal proceedings arising from it quashed – Petition allowed. (Para 6)

Review Petition - Maintainability - Parties - Impleadment of parties - Whether the review petitioners were necessary parties before the writ court or the appellate court - Validity of office communication challenged in writ petitions - No challenge to seniority list or rights of specific incumbents - Private persons voluntarily impleaded themselves as respondents - Sufficient representation - Review petitioners promoted after judgment by Single Judge and aware of pending appeals - Opportunity to raise grievances earlier - Silence during litigation process - Lack of objectivity - Review petition not maintainable. [Para 23]

Code of Civil Procedure, 1908 - Section 114 - Order 47 Rule 1 - Right to seek review - Limited grounds for review - Discovery of new and important matter or evidence - Mistake apparent on the face of the record - Any other sufficient reason - Review petitioners aware of pending appeals and promotions subject to outcome - Silence during litigation process - Review petition dismissed. [Para 20, Para 21]

Fairness in judicial process - Litigation as a game of hide and seek - Duty of litigating parties - Conduct of petitioners lacking objectivity - Failure to raise grievances at appropriate stages - Review petitioners aware of proceedings and opportunity to be heard - Silence during litigation process - Review petition dismissed. [Para 23]

Section 313 of the Criminal Procedure Code (Cr.P.C.) - Examination of the accused - Circumstances not put to the accused during examination under Section 313 - Exclusion from consideration - Principles of natural justice - Opportunity to explain incriminating material - Judgments referred to in support - Sharad Birdhichand Sarda Vs. State of Maharashtra and Sujit Biswas Vs. State of Assam - Accused entitled to fair chance of defense - Importance of audi alteram partem - Amendments to Section 313 - Purpose of examination - Safeguarding the interest of the accused - Dying declaration not put to the accused - Prejudice caused to the accused. (Para 65-76)

Importance of recording statement under Section 313 of Cr.P.C. - Safeguarding the interest of the accused - Amendment allowing court to take help of prosecution and defense in preparing relevant questions - Omission to put incriminating material to the accused - Doubts about voluntary nature and fitness of mind of the deceased - Failure to seek explanation on vital point - Prejudice caused to the accused. (Para 75-76)

Effect of omission to put a question to the accused on vital evidence - Courses available to the appellate court - Examination of the convict or counsel for the accused - Consideration of answers - Absence of prejudice or failure of justice - Retrial from the stage of questioning the accused - Remittal or decision on merits - Shivaji Sahabrao Bobade Vs. State of Maharashtra case - Non-compliance with Section 313 Cr.P.C. vitiating trial. (Para 72-73)

Decision  - Conviction based on written dying declaration - Accused not given opportunity to explain vital circumstance - Dying declaration not trustworthy and reliable - Failure to satisfy the judicial mind of the deponent's consciousness and mental fitness - Genesis of the case becoming doubtful - Failure to record incriminating material in statement under Section 313 Cr.P.C. - Prejudice caused to the accused - Acquittal and release of the accused - Benefit of doubt. (Para 77)

Criminal Procedure Code, 1973 - Bail in Economic Offenses - Factors to consider - Seriousness of allegations, evidence, severity of punishment, character of accused, possibility of tampering with witnesses, larger interests of public/state - Different approach for economic offenses - Bail to be granted judiciously within four corners of law - Discretion not to be influenced by arbitrariness - Need for prima facie case - Meticulous examination of material not required - Accused's high-profile position and potential influence on witnesses - Allegations of misconduct against public servant - Prima facie case of malafide excise policy formation - Denial of bail justified. [Para 62-64]

Constitution of India, 1950 - Article 21 - Liberty of individual - Sacrosanct - Bail and not jail - Grant of bail as normal rule - Economic offenses as separate class requiring different approach. [Para 55]

White-Collar Crimes - Alarming rise in recent years - Serious repercussions on country's economic structure - Economic offenses affect national economy and interest - Different approach required for bail in economic offenses - Grave offenses affecting financial health of country - Consideration of nature of accusations, evidence, punishment, character of accused, possibility of tampering with witnesses, larger public/state interests. [Para 56]

Judicial Review - Interference in economic policies - Court's limited role - Government's discretion in framing policies - Court's intervention if policy decisions alleged to be malafide or tainted by corrupt practices - Examination by investigating agencies and court required in such cases. [Para 59]

Discretionary Jurisdiction - Exercise of bail discretion - Judicial exercise within four corners of law - Discretion not to be influenced by arbitrariness. [Para 61]

Prima Facie Case - Existence of prima facie case required for bail - Meticulous examination of material not necessary - Material to show existence of genuine case against accused - Prima facie evidence in support of charge sufficient - Merits of case not to be delved into at bail stage. [Para 64]

Influence on Witnesses - Accused's high-profile position and potential influence on witnesses - Apprehension of tampering with or influencing witnesses - Consideration for denial of bail. [Para 61]

Serious Allegations - Gravity and seriousness of allegations - Denial of bail justified - Bail not granted on the basis of allegations undermining foundation of case. [Para 62]

Prima facie material required to connect accused with alleged crime - Abuse of process of law - Right to personal liberty - Constitution of India, Article 21. [Para 18]

2. Registration of case under Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 - Preliminary satisfaction report not submitted - Prima facie material required - Abuse of process of court - Right to personal liberty. [Para 21]

3. Investigation - Prima facie material required to proceed with criminal action - Abuse of process of law - Right to personal liberty. [Para 22]

4. Role of Accused - Allegations without documentary proof connecting accused to alleged fraud - Quashing of registration of case against accused - Prima facie material necessary to proceed with investigation. [Para 16]

5. Additional Accused - Liberty granted to investigating agency to arraign petitioner as additional accused if substantive material connecting him to alleged fraud is discovered during investigation. [Para 22]

6. Abuse of process of law - Quashing of case against petitioner due to lack of prima facie material connecting him to alleged fraud - Right to personal liberty - Constitution of India, Article 21. [Para 20]

Decision: Criminal petition allowed. Registration of case against the petitioner in Crime No. 242/2022 quashed. Investigating agency granted liberty to arraign the petitioner as an additional accused if substantive material connecting him to the alleged fraud is discovered during the investigation.

Code of Civil Procedure, 1908 - Section 51 - Execution of decree - Transfer of ownership of attached property - Erroneous process followed by Executing Court - Decree holder seeking transfer and sale of attached property in their name - No participation of decree holder in auction proceedings - No provision for direct transfer of ownership - Impugned order set aside - Case remanded to Executing Court - Executing Court directed to proceed with execution from stage of warrant of sale issuance - Decree holder allowed to seek permission to participate in auction proceedings - Executing Court to facilitate satisfaction of decree.(Para No.5)

Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Recovery from co-accused - Disclosure statement - No recovery from the petitioner - Petitioner's name emerging from disclosure statement - Petitioner in custody for a significant period - No comment on merits of the case - Petitioner granted bail. [Para 5]

Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - No recovery from the petitioner's possession - Custody certificate showing prolonged custody - Petitioner sentenced in another case - Petitioner admitted to bail - Bail bonds and surety bonds to be furnished to satisfaction of trial court. [Para 5]