Criminal Law – Summoning of Additional Accused – Section 319 CrPC – Standard of Proof – Mother of minor victim sought summoning of grandmother and paternal aunts on the ground of alleged suppression and non-reporting of child sexual abuse – Trial Court rejected application noting that no new or compelling evidence had emerged during trial beyond what was already part of the charge-sheet – High Court concurred, holding that child witness’s testimony was vague, inconsistent and lacked corroboration – Held: Section 319 CrPC requires strong prima facie evidence suggesting possible conviction – Mere suspicion or general allegations insufficient [Paras 8-13, 18-19].

POCSO Act – Duty to Report – Section 21 – Knowledge of Crime – Allegations against grandmother and paternal aunts for failing to report child sexual abuse – PW-1 (minor victim) made broad claims about “family knowing” and “suppression” – Court held that such statements lacked specificity and did not establish actual knowledge or intent to suppress – Held: Section 21 not attracted in absence of clear, credible, and independent proof of knowledge or concealment [Paras 15-16].

Misuse of Process – Matrimonial Acrimony – Vindictive Prosecution – High Court found application was not filed in the child’s best interest but was a misuse of criminal law motivated by the mother’s personal disputes with her estranged husband – Held: Attempt to implicate elderly grandmother and aunts using the minor victim’s testimony amounted to arm-twisting and gross abuse of process – Court cautioned against converting child protection laws into tools for vengeance [Paras 9, 14, 19-22].

Costs – Deterrence Against Frivolous Litigation – Trial Court’s imposition of ₹20,000 in costs upheld – Additional ₹10,000 cost imposed by High Court – Held: Costs justified to curb misuse of judicial time and protect individuals from baseless criminal allegations arising out of personal vendetta [Paras 21, 23].

Decision: Petition dismissed – Trial Court order upheld – Additional cost of ₹10,000 imposed – Pending applications also disposed of.

NDPS – Possession of 1.2 kg Charas – Section 20 NDPS Act – State Appeal Dismissed – Prosecution alleged recovery of 1.2 kg charas from accused at Sarahan bifurcation – Trial Court acquitted citing contradictions in police testimony, doubtful arrest/recovery memos, and absence of independent witnesses – High Court held suspicion cannot substitute proof, prosecution failed to establish guilt beyond reasonable doubt – Acquittal upheld; no interference warranted [Paras 24-29].

Appeal Against Acquittal – Scope under Section 378 Cr.P.C. – Appellate Court may reappreciate evidence but must respect double presumption of innocence – Acquittal can be overturned only if trial court’s view is perverse or wholly unreasonable – Applied principles from Sheo Swarup, Chandrappa, Rajesh Prasad, and H.D. Sundara – Trial court’s view held to be possible and reasonable; hence, not disturbed [Paras 10-14].

Police Witness Testimony – Admissibility – Conviction can rest on testimony of police officers if credible and consistent – Supreme Court precedents (Pramod Kumar, Baldev Singh, Surinder Kumar) relied on – However, in present case contradictions in timing, vehicle movement, and resealing process undermined credibility – Non-association of independent witnesses despite availability was fatal to prosecution [Paras 20-27].

Contradictions in Prosecution Case – Material discrepancies between PW-1, PW-5, and PW-8 regarding departure from police station, handing over of rukka, arrest memo timing, and resealing of property – Lack of station diary entries further weakened prosecution – Such contradictions strike at root of case, rendering prosecution version doubtful [Paras 24-26].

Standard of Proof – Suspicion vs. Proof – Suspicion, however grave, cannot replace legal proof – Court reiterated principles from Raj Kumar Singh v. State of Rajasthan (2013) 5 SCC 722 – Prosecution failed to provide clear, cogent, unimpeachable evidence linking accused to recovery – Benefit of doubt rightly extended [Paras 28-29].

Decision: Appeal dismissed – Acquittal of accused for offence under Section 20 NDPS Act affirmed – Bail bonds discharged – Respondent to furnish fresh bail bond of ₹50,000/- with one surety within four weeks in terms of Section 481 BNSS, 2023 [Paras 29-30].

Land Acquisition – Sections 31 & 34 LAA – Non-deposit of compensation and liability for interest – Award dated 21.12.2004 not followed by deposit despite co-sharer dispute – Failure to deposit under Section 31 and absence of Section 12 notice to landowners noted – Held: Interest @ 9% p.a. from award/possession for one year and thereafter @ 15% p.a. is the statutory scheme under Section 34 – Concurrent decree awarding 9% p.a. from 21.12.2004 till 04.08.2009 upheld as plaintiffs did not seek enhancement – Appeal partly allowed only to modify post-decree interest structure [Paras 10–16, 18–20].

Collector’s Duty on Apportionment Dispute – Section 30 Reference and Section 31 Deposit – Co-sharer dispute no defence to retention – Collector must either refer dispute under Section 30 or deposit compensation in Court under Section 31 – Non-compliance fastens interest liability – Contention about prior writ/representations raised beyond pleadings and, even if considered, does not excuse non-deposit [Paras 14–17].

Section 12 Notice – Award Finality and Intimation – No pleading or proof that Section 12(2) notice of award was served on plaintiffs – Factor weighing against the appellant’s case on withholding payment [Para 13].

Rate/Mode of Interest – Modification of Trial Court’s Penal Direction – Trial Court’s stipulation of 18% p.a. if payment not made within two months found excessive – High Court modifies: over and above interest @ 9% p.a. on compensation from 21.12.2004 till 04.08.2009, the appellant shall pay interest @ 6% p.a. on this interest component from 04.08.2009 till realization – Decrees below modified to this extent [Paras 21–24].

Decision – Second appeal disposed of with modification – Interest @ 9% p.a. on compensation from 21.12.2004 (award) till 04.08.2009 (payment) sustained – Additional interest @ 6% p.a. on the accrued interest component from 04.08.2009 till realization substituted in place of 18% penal clause – Appeal partly allowed; rest of the decree affirmed [Paras 20, 22–24].

Civil Writ - Conversion Of Article 227 Petition Into An Appeal - Arbitral Award – Rejection of Objections under Section 34 – Article 227 Petition – Maintainability Disputed – The petitioner challenged the rejection of objections under Section 34 of the Arbitration Act via a petition under Article 226, later converted to Article 227 – Respondents objected on the ground that an appeal under Section 37 was the proper remedy – Held: Although the appeal under Section 37 is the appropriate route, the Court allowed conversion of the Article 227 petition into an appeal under Section 37 in the interest of justice and to avoid multiplicity of proceedings [Paras 2, 5, 6, 9].

Conversion of Petition – Power of High Court – Permissible in Appropriate Cases – The Court relied upon precedents including Kailash Chandra v. Ram Naresh Gupta (1982 All CJ 608) to reaffirm that conversion of a proceeding (revision/writ) into another form (appeal) is permissible where the legal remedy chosen is defective, provided necessary steps like payment of court fee and limitation compliance are taken – Distinguished Supreme Court's ruling in Vishesh Kumar v. Shanti Prasad which disallowed automatic treatment of revisions as writs – Held: Conversion allowed with conditions on compliance [Paras 7, 9].

Remedy under Section 37 – Technical Objection Overruled – The petitioner admitted to the availability of an appeal under Section 37 but sought conversion due to procedural history of the case – Court considered the timeline and exercised discretion to permit conversion instead of relegating the petitioner to file a fresh appeal – Held: Petition converted into appeal under Section 37 of the Arbitration Act and to be listed before appropriate Bench [Paras 5, 9, 10].

Final Decision – Petition under Article 227 allowed to be converted into an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 – Three weeks’ time granted for compliance – Matter to be listed before the appropriate Bench thereafter [Paras 9-10].

Civil Procedure – Order XIV Rule 2(2) CPC – Section 10 CPC – Appeal against refusal to frame preliminary issues and to stay trial – Dismissal of appeal – Disputed factual matrix around family settlement (21.07.1998), relinquishment (05.06.1984), gift deeds (23.12.2004, 20.02.2008, 02.04.2012) and will (16.03.2010) required evidence – Issues did not go to jurisdiction or a statutory bar – Section 10 not attracted as subject-matter and reliefs in prior suit (challenge to 02.04.2012 gift deed) differ from present suit (partition and declaration re will) – Held: No interference with Single Judge – Appeal dismissed [Paras 25-27, 28-29].

Preliminary Issues – Scope under Order XIV Rule 2(2) – Pure questions of law limited to jurisdiction or statutory bar – Mixed questions requiring evidence cannot be tried first – Issues on registration/admissibility and “effect” of family settlement, relinquishment and gift deeds are fact-intensive – Discretion under Rule 2(2) is permissive (“may”), to be exercised judiciously – Finding that evidence is needed is neither arbitrary nor perverse [Paras 25.1-25.4, 25.12, 26.1-26.8].

Family Settlement – Registration Objection – Whether settlement dated 21.07.1998 was compulsorily registrable and its effect – Determination depends on nature, scope, and circumstances of execution – Cannot be resolved without evidence – Even otherwise, issue does not touch court’s jurisdiction nor create a statutory bar so as to qualify as a preliminary issue [Paras 25.9-25.10, 26.5].

Relinquishment and Gift Deeds – Effect on Maintainability – Triable Issues – Interplay between relinquishment (05.06.1984), later written family settlement (21.07.1998), and subsequent gift deeds (23.12.2004, 20.02.2008, 02.04.2012) disputed – Allegations of infirm disposition and internal inconsistencies (existence of 2012 gift despite 2008 gift) necessitate trial – Not fit for preliminary adjudication [Paras 26.6.2-26.6.5].

Pleadings – Alleged Wilful Suppression – Requires Trial – Whether plaintiff’s non-disclosure of earlier instruments amounts to wilful suppression/fraud on court is a question of fact – Needs evidence as per principles in S.J.S. Business Enterprises – Not a preliminary issue [Paras 26.9.1-26.9.4].

Section 10 CPC – Stay of Suit – Identity of Matter Directly and Substantially in Issue – Test is whether earlier decision would operate as res judicata – Prior suit (CS 58565/2016) challenges gift deed dated 02.04.2012; present suit seeks partition and declaration that will dated 16.03.2010 is void, along with injunction – Distinct causes, issues and reliefs – No identity; stay refused [Paras 27.1-27.4].

Decision – Appeal Dismissed – Impugned order refusing preliminary issues and Section 10 stay upheld – No order as to costs [Paras 28-29].

Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal Dismissed – Appellant-husband challenged the Family Court's rejection of his divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act – Alleged cruelty due to wife's medical issues, abusive behavior, and property pressure – Also alleged desertion without cause – Held: Appellant failed to plead or prove specific acts of cruelty or desertion – Family Court rightly found no cause of action and dismissed the divorce suit – High Court upheld findings, holding that general dissatisfaction or quarrels do not constitute cruelty – Appeal dismissed with affirmation of Family Court decree [Paras 2, 5, 9, 18-24].

Cruelty – No Specific Allegations or Dates – No Cogent Evidence Led – Divorce Denied – Appellant failed to specify dates or facts constituting cruelty in his petition or evidence – No corroboration from witnesses or documents – Held: Marital discord or occasional fights do not amount to cruelty under Section 13(1)(ia) – Burden of proof not discharged – Findings of Family Court upheld [Paras 11-13, 18-20].

Desertion – Lack of Pleading and Evidence – False Allegation – No Case for Divorce – Appellant alleged wife deserted him but gave no date or evidence – Did not file petition under Section 9 for restitution of conjugal rights – Held: No proof of wilful desertion by respondent – Allegation found baseless – Divorce rightly denied on this ground as well [Para 21].

Mental Cruelty – Mere Marital Discord Not Sufficient – Law Reiterated – Held: Normal wear and tear of married life or occasional verbal fights not adequate to constitute mental cruelty – Court must consider effect of conduct on the aggrieved spouse – Reference made to Samar Ghosh v. Jaya Ghosh and Dastane v. Dastane – Legal threshold of cruelty not met [Paras 12-13].

Family Court Judgment – No Error in Appreciation of Evidence – Findings Based on Oral and Documentary Record – Held: Trial court rightly observed that there was no cause of action pleaded and no evidence to support cruelty or desertion – No perversity or illegality found – Appellate Court affirms judgment [Paras 5, 19-20, 23-24].

Appellate Review – Interference with Trial Court's Factual Findings Not Justified – Held: Appellate court should not interfere with findings based on oral evidence unless manifestly erroneous – Reference to Jagdish Singh v. Madhuri Devi (2008) 10 SCC 497 – High Court affirms Family Court decree [Para 22].

Decision – Appeal Dismissed – No Merit in Grounds Raised – Family Court's refusal to grant divorce upheld – Appeal dismissed accordingly [Para 24].

Specific Performance – Proof of Agreement and Consideration – Trial Court decreed suit; First Appellate Court reversed – plaintiff relied on agreement dated 30.11.2015 alleging full cash payment of ₹20,00,000 and extension endorsement to 30.04.2016 – High Court found material contradictions: scribe not identified, plaintiff unsure where/when document was executed, attesting witness PW2 was plaintiff’s brother, stamp paper allegedly purchased by respondent’s husband (not owner), extension endorsement signed only by husband, prior money dealings admitted, and improbability of paying entire price in cash without executing sale deed – Held: Execution and payment not proved; appellate findings of fact warrant no interference – RSA dismissed [Paras 2, 4–8, 9].

Readiness and Willingness – Section 16(c) Specific Relief Act – Plaintiff pleaded presence before Sub-Registrar on 03.05.2016 but led no cogent proof of source of ₹20,00,000 or continuous readiness – Contradictions in testimonies undermine readiness/willingness – Held: Requirement under Section 16(c) not established – Specific performance declined [Paras 2, 8].

Evidence – Attesting Witness and Proof of Execution – Section 67 Evidence Act – Attesting witness PW2 being plaintiff’s brother and absence of the scribe’s evidence; deed writer did not read over contents; inconsistencies between PW1 and PW2 as to scribing and purchase of stamp – Held: Burden to prove execution not discharged [Para 8].

Second Appeal – Section 100 CPC – No Substantial Question of Law – Findings of the First Appellate Court are pure findings of fact based on appreciation of evidence – No ground to re-appreciate evidence in RSA – Appeal dismissed [Para 9].

Decision – Regular Second Appeal dismissed – Judgment and decree of First Appellate Court dated 12.05.2022 upholding dismissal of suit for specific performance affirmed – Pending applications also dismissed [Para 9].

Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – Court held that the material on record indicated the applicant’s active involvement from inception – Rejected plea that he was falsely implicated – Bail refused to prevent obstruction of investigation and custodial interrogation deemed necessary [Paras 1, 3, 12-14, 24, 27-28].

Statutory Bar – Applicability of GPID Act – Pre-arrest Bail Not Permissible – The offences alleged against the applicant attracted provisions of the GPID Act, which bars the grant of anticipatory bail under Section 17(2) – Court held that powers under Section 482 BNSS (analogous to Section 438 CrPC) are not available where GPID Act applies – Reiterated that special statutes override general provisions when specific exclusion is provided [Para 15].

Nature of Offence – Gravity and Modus Operandi Considered – Court emphasized that economic offences involve deliberate planning and have grave societal impact – Noted the coordinated modus operandi of accused to defraud innocent investors – Held such offences warrant a different approach than ordinary criminal acts, as they pose systemic risks to public confidence and national economy [Paras 13, 24-25].

Custodial Interrogation – Importance in Economic Offences – Custodial interrogation was considered crucial due to the ongoing investigation and the need to uncover concealed financial trails – Court cited precedents that custodial interrogation remains valid ground to deny anticipatory bail, especially in cases involving economic crimes with large financial implications [Paras 10, 18, 22, 27].

Prima Facie Involvement – Investigation Materials Support Accusation – Despite the applicant’s contention that co-accused or other parties were solely responsible, statements of witnesses and investigation materials indicated his direct role – Statement of co-accused Ramanpuri Goswami corroborated the applicant’s participation in the conspiracy – Court refused to treat the applicant as an uninvolved party [Paras 12-14].

Final Decision – Anticipatory Bail Rejected – Offences Grave and Investigation Active – Court concluded that no exceptional circumstances existed to exercise discretionary power under Section 482 BNSS – Anticipatory bail was refused in light of seriousness of offence, statutory restrictions under GPID Act, and the need to preserve integrity of investigation [Paras 24, 27-28].

Public Interest Litigation – Government Resolution establishing Additional Tahsildar office – Sections 4, 7 & 13, Maharashtra Land Revenue Code – Scope of power – GR dated 18.07.2023 created office of Additional Tahsildar at Kasar Shirsi, allocating 63 villages under its jurisdiction – Petitioners contended that such creation amounted to constitution/reconstitution of revenue area under Section 4(4), mandating prior publication and compliance with Section 24 of Bombay General Clauses Act – State contended that action was under Sections 7 and 13, relating to appointment of Revenue Officers, not creation of new revenue area – Held: Establishing Additional Tahsildar office for administrative convenience does not amount to constituting/altering revenue area – Section 4(4) not attracted – State acted within powers under Sections 7 & 13 – Petition dismissed [Paras 18–29, 34–36].

Distinction from Earlier Precedents – Avinash Ramkrishna Kashiwar & Santosh Suresh Patil cases – Not applicable – Those cases concerned creation/reconstitution of revenue areas under Section 4 – Present case involves only establishment of Additional Tahsildar’s office under Section 7/13 – Petitioners’ reliance misplaced [Paras 30–31].

Allegation of Political Motivation – Consideration – Material showed enquiry and recommendation by Sub-Divisional Officer and Collector before issuance of GR – Action based on administrative convenience and increased population – No arbitrariness or mala fides demonstrated – Court will not supplant executive wisdom in administrative matters [Paras 32–36].

Decision – PIL dismissed – Rule discharged – Pending applications also disposed of – Establishment of Additional Tahsildar office at Kasar Shirsi upheld as valid exercise of power under Sections 7 & 13, MLR Code [Paras 37–40].