Criminal Law - Delay in FIR and Material Contradictions - Criminal Appeal against acquittal - Case involving charges under Sections 420, 376, 328, and 506 IPC - Acquittal by trial court based on non-credibility of the prosecutrix's statements and absence of corroborative evidence - Held, delay in filing FIR and material contradictions in the statements of the prosecutrix, along with the failure to produce alleged obscene photographs, justified the trial court's order of acquittal - Application for leave to appeal dismissed. [Paras 21-22]

Role of Delay and Contradictions in Rape Cases - Analysis - Held, while delay in filing FIR is generally not fatal to prosecution in rape cases, in this case, the significant delay combined with the lack of credible evidence and contradictions in the prosecutrix's statements led to acquittal - Important witnesses were not examined, and no corroborative evidence was produced to support the allegations. [Para 21]

Decision - Dismissal of Application for Leave to Appeal - High Court found no merit in the application for leave to appeal against the acquittal, affirming the trial court's decision - Case property to be destroyed post limitation period, and trial court record to be sent back. [Para 22-23]

Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supreme Court precedent on necessity of prior sanction for public servants – Quashing of proceedings deemed necessary to prevent abuse of process of law. [Paras 1-23]

Summoning of Government Officials – Analysis – Held – Petitioners acted in discharge of official duties – Prior sanction under Section 197 Cr.P.C. mandatory for prosecution – Trial court failed to consider lack of sanction – Revisional court affirmed summoning order without application of mind – Precedent set by Supreme Court mandates quashing in absence of sanction. [Para 17-18]

Decision – Quashing of Summoning Order and Complaint – Summoning order and complaint quashed – Proceedings against petitioners would amount to abuse of process of law – Ends of justice secured by quashing the proceedings. [Para 20, 23]

Criminal Law - Essential Commodities Act - Non-Standard Fertilizer - Section 7 - Fertilizer (Control) Order, 1985 - Appeal against conviction under Section 7 for selling non-standard fertilizer - Samples taken were not in compliance with prescribed procedure - Prosecution failed to follow Schedule II guidelines - Entire case vitiated due to non-compliance - Appeal allowed, conviction set aside. [Paras 1-49]

Procedure for Sampling - Compliance with Legal Standards - Analysis - Samples not collected, handled, or analyzed per Fertilizer (Control) Order, 1985 - Inspector failed to use air-tight containers, approximate weight used instead of precise measurement - Lack of independent witnesses and proper documentation - Conviction unsustainable due to procedural lapses. [Para 24-33]

Decision - Acquittal of Appellants - Court found procedural defects in sample collection and analysis - Non-compliance with mandatory provisions led to vitiation of prosecution's case - Conviction and sentences set aside - Appellants acquitted. [Para 49]

Constitutional Law - Transfer Policy - Right of Persons with Disabilities - Article 226, 227 - Section 20 of the Right of Persons with Disabilities Act, 2016 - Petition challenging transfer orders citing violations of transfer policy and improper jurisdiction of the respondent department - Petitioners argue discrimination against TGTs (Trained Graduate Teachers) in favor of Classical and Vernacular Teachers (C&V) with less marks - Held, transfer policy is a guideline, not enforceable as a right - Benefit for specially-abled must align with rules governing service, cannot claim rights against different cadre - Petition dismissed. [Paras 1-30]

Transfer Policy and Service Rules - Jurisdiction and Implementation - Judicial Review - Analysis - Petitioners, TGTs, claim transfers violated policy by favoring C&V Teachers despite lower marks - Court finds service rules prevail over policy, ensuring C&V Teachers remain within district - Changes to policy by department permissible to align with service rules - No statutory right from policy - Transfer orders upheld. [Para 3-17]

Special Provisions for Disabled Employees - Scope and Limitations - Petitioner No. 17 claims rights under Section 20 of the Disabilities Act - Court holds provisions met within policy, extra marks for specially-abled - Claims against different cadre (C&V) not justified - Compliance with Disabilities Act confirmed. [Paras 23-29]

Decision - Dismissal of Petition Challenging Transfer Orders - Court finds no procedural defects in transfer process - Department's decisions align with service rules and statutory provisions - Petitioners' claims against policy changes and benefits for specially-abled dismissed. [Para 30]

Constitutional Law - Cinematograph Act - Civil Writ for Cancellation of Film Certification - Article 226, 19 - Sections 4, 5, 5-A, 5-B, 5-E of the Cinematograph Act, 1952 - Rules 32 and 33 of Cinematograph (Certification) Rules, 1983 - Petition to cancel film certification of Punjabi movie "Masand" alleging it promotes community hatred and offends Sikh sentiments - Petitioner claims movie's villain resembles Nihang Sect leader, glorifies his murder - Held, petitioner failed to demonstrate Nihang Sikhs are part of Sikhism as religion or that Nihang Jathedar is a religious head - Efficacious remedy under Cinematograph Act not availed - Petition dismissed. [Paras 1-36]

Film Certification and Free Speech - Scope and Limits - Judicial Review of Film Certification - Analysis - Petitioner claimed negative portrayal of Nihang Jathedar, promoting violence and community hatred - Court held film as work of fiction with disclaimer of any real-life resemblance - Central Board of Film Certification’s decision upheld - Petitioner’s claim rejected for lack of substantive evidence and failure to utilize available remedies under Cinematograph Act. [Para 23-35]

Decision - Dismissal of Petition Seeking Cancellation of Film Certification - Court found no grounds to challenge certification - Upheld statutory authority’s decision - Emphasized tolerance and acceptance in free speech - Petition dismissed. [Para 36]

Criminal Law - Cancellation of Bail - Justified Absence - Sections 439, 482 Cr.P.C. - Sections 25, 54, 59 of Arms Act, 1959 - Sections 148, 149, 307, 120-B IPC - Petition seeking quashing of order canceling bail and issuing arrest warrants due to petitioner's non-appearance on the specified date - Petitioner noted wrong date and missed court appearance - Explanation for absence found justified - Bail restored with conditions to ensure attendance at future hearings - Impugned order set aside. [Paras 1-9]

Explanation for Absence - Consideration by Court - Petitioner’s absence due to miscommunication of date between petitioner and counsel’s clerk - Explanation deemed reasonable and absence not intentional - Court's objective to secure presence of the accused and ensure trial progress - Bail reinstated subject to conditions. [Para 6-7]

Decision - Restoration of Bail - Petitioner directed to surrender and furnish fresh bail/surety bonds - Impugned order canceling bail set aside - Conditions imposed include appearance at all hearings, surrender of passport, and financial penalty to Poor Patients Welfare Fund. [Para 8]

Judicial Review - Infrastructure Projects - Expert Opinion - Construction of Highways - National Highways Authority of India (NHAI) - Feasibility Reports - Public Interest - Safety Concerns - Legal Right to Access

Judicial Review - Interference with Expert Opinion – Civil writ petition under Articles 226 and 227 challenging NHAI's decision not to construct an additional vehicular underpass – Held: High Courts should exercise restraint in interfering with expert opinions in infrastructure projects. The decision of NHAI, based on detailed feasibility reports, should not be ordinarily interfered with. Experts' opinion on feasibility and safety considerations prevails – Petition dismissed. [Paras 1-15]

Public Convenience vs. Legal Right – Analysis – Held: Convenience cannot be equated with a legal right. Petitioners' demand for an additional underpass due to inconvenience in crossing the National Highway does not constitute a denial of access. Highways planning involves optimizing access points for safety, and experts’ decisions should not be interfered with unless there's a violation of legal or fundamental rights. [Para 13]

Impact of Judicial Intervention on Infrastructure Projects – Consideration – Held: Judicial intervention in infrastructure projects can lead to increased costs and delays, affecting public interest. Courts should avoid undue indulgence that could set a precedent for similar demands, impacting the execution and financial stability of national projects. [Para 13]

Criminal Law - Section 138 of Negotiable Instruments Act - Premature Filing of Complaint - Criminal appeal against the dismissal of a complaint filed under Section 138 of the Negotiable Instruments Act for dishonour of cheque - Legal notice issued on 21.10.2010, complaint filed on 3.11.2010, one day before the 15-day period expired - Held, the complaint is premature and thus not maintainable - Trial Court’s dismissal of the complaint upheld - Appeal dismissed. [Paras 1-30]

Authorization to File Complaint - Requirement of Authority - Analysis - Complainant failed to produce resolution or authorization to file the complaint - Statement of complainant’s witness admitting lack of authority - Held, complaint not maintainable for want of authorization. [Para 15-16]

Role of Security Cheques - Evidence and Burden of Proof - Evidence indicated that the cheque in question was given as security and not for discharge of legally enforceable debt - Held, complainant failed to prove legally enforceable debt - Accused successfully rebutted presumption under Section 139 of the Negotiable Instruments Act. [Paras 16-22]

Decision - Dismissal of Complaint for Prematurity - Court found no illegality or perversity in the trial court’s judgment - Dismissal of complaint on grounds of premature filing upheld - Appeal dismissed. [Para 30]

Criminal Law - Bail Cancellation - Non-Appearance of Counsel - Petitioners' bail bonds cancelled and arrest warrants issued due to counsel's failure to appear - Petitioners claimed non-appearance was due to wrongly noted hearing date - Held, purpose of issuing summons, warrants, etc., is to ensure presence of accused for trial - Petitioners' willingness to appear and join proceedings noted - Absence not willful or deliberate - One opportunity granted to petitioners to surrender and join proceedings - Petition allowed. [Paras 8-11]

Procedure - Appearance and Non-appearance in Court - Analysis - Petitioners missed court date due to counsel's error - Bona fides shown by filing petition promptly - Court finds justified explanation for absence - Emphasizes securing presence for trial and expediting proceedings - Sets aside order canceling bail and issuing warrants, subject to conditions. [Paras 9-11]

Judicial Review - Powers under Section 482 Cr.P.C. - Held - High Court can intervene to prevent miscarriage of justice - Purpose of bail conditions and warrants to ensure trial participation - Petitioners' readiness to comply considered - Petition granted to facilitate trial. [Paras 8-11]

Decision - Opportunity to Join Proceedings - Petition allowed - Order dated 7.10.2022 canceling bail bonds and issuing warrants set aside - Petitioners directed to surrender before trial court, furnish fresh bail/surety bonds, and deposit costs - Undertaking required for future appearances - Non-compliance results in automatic dismissal of petition. [Para 11]