Criminal Law – Abetment of Suicide – No Direct Instigation – Framing of Charge Quashed – Petitioner alleged to have borrowed money from the deceased who later committed suicide – Suicide note did not allege harassment, threats, or instigation – No forensic confirmation of authorship of suicide note – Mere issuance of cheques not indicative of abetment – Held: Mere lending of money or failure to repay debt does not constitute instigation under Section 107 IPC, nor does it justify charge under Section 306 IPC – Trial court erred in framing charge in absence of prima facie evidence showing mens rea or proximate causation of suicide.

Mens Rea and Proximity – Requirement for Section 306 IPC – Instigation Must Be Immediate and Intentional – Supreme Court precedents reiterate that for a charge under Section 306 IPC, there must be a clear and proximate instigation leading to suicide – Held: Absent any active or proximate conduct by the accused, charge under Section 306 is unsustainable.

Revision Allowed – Charge Framed Without Prima Facie Evidence – Suicide Note Does Not Indicate Abetment – Petitioner Discharged – No credible allegation of instigation, harassment, or coercion linking petitioner to suicide – Charge under Section 306 IPC quashed – Revision petition allowed and petitioner discharged .

Criminal Law – Sections 132, 135, 110(1B) of the Custom Act - Jurisdiction of Magistrate – No Power to Direct Revaluation Post-Adjudication – Magistrate Exceeded Authority – The Court held that once quasi-judicial adjudication proceedings under Customs Act were concluded and valuation upheld, the Magistrate could not order fresh revaluation – Certification proceedings under Section 110(1B) are limited to inventory authentication, not valuation reassessment – Magistrate’s order quashed [Paras 14-21].

Valuation Discrepancy – Explained by Investigation Progress – Not Arbitrary – Initial estimate at seizure stage was revised downward based on duty-free pricing inputs – DRI clarified valuation remained above ₹1 crore when duties included – High Court accepted explanation and found no arbitrariness to warrant judicial revaluation [Paras 16-17].

Parallel Proceedings – Adjudication and Criminal Trial Separate but Interlinked – Revaluation Not Needed Where Administrative Valuation Stands – While adjudication and prosecution are separate, adjudication’s finality on valuation sufficed – Fresh judicial direction for revaluation not justified when issue already addressed [Paras 18-19].

Maintainability – Withdrawal of Prior Petition Doesn’t Bar Fresh Challenge – Grounds Changed Post Impugned Order – DRI’s earlier petition was withdrawn after adjudication concluded – Respondents revived revaluation dispute later – Court held DRI could validly contest fresh direction as earlier withdrawal was conditional [Paras 11-13].

Decision – Petition Allowed – Revaluation Set Aside – Certification Proceedings to Continue – Direction for revaluation by ACMM set aside – Certification of panchnama to be completed under Section 110(1B) within three months – Court upheld investigative and prosecutorial discretion in valuation matters [Paras 22-23].

Bail - Dowry Death – Section 304B IPC – Prima Facie Ingredients Not Met – Bail Granted – Allegation that the applicant demanded car EMI payments from the deceased’s family not corroborated by contemporaneous evidence – EMI payments found to have been made by the applicant himself – No credible evidence of cruelty “soon before death” in connection with dowry demand – Statutory presumption under Section 113B Evidence Act not automatically applicable – Bail granted [Paras 6-11].

Extramarital Affair – Not Sufficient to Constitute Cruelty or Abetment – Bail Not Denied – Applicant’s alleged relationship with a colleague named Sarita and existence of video chats were cited by prosecution – Court held that such a relationship, without intent to harass or drive the deceased to suicide, does not satisfy cruelty under Section 498A or abetment under Section 306 IPC – Mere suspicion or emotional neglect does not establish mens rea required under these provisions [Paras 12-15].

Presumption under Section 113B Evidence Act – Not Absolute – Conditional on Foundational Facts – Statutory presumption requires establishment of harassment in connection with dowry “soon before death” – In absence of such proximate cruelty, burden does not shift to accused – Court emphasized the presumption is rebuttable and conditional [Paras 7-9].

Custody – No Risk of Tampering or Flight – Trial in Early Stages – Bail Warranted – Applicant in custody since March 2024 – Chargesheet filed and trial pending – No risk of absconding or influencing witnesses established – Continued incarceration deemed unnecessary – Personal liberty not to be curtailed where trial will take time [Paras 17-18].

Decision – Bail Application Allowed – Applicant Released on Conditions – Bail granted on furnishing personal bond of ₹50,000 with two sureties – Restrictions imposed on communication, reporting, and appearance to secure presence and prevent interference with evidence [Para 18].

Civil Law – Will - Suspicious Circumstances – Allegations Rejected – Probate Upheld – Appellant raised doubts over timing of execution, non-production of original Will initially, use of different inks, and alleged contradictions in witnesses' evidence – Court held none of the issues raised amounted to real or germane suspicious circumstances – Execution of Will during marriage of daughter found natural and explained by presence of attesting witnesses – Court held that presence of relatives, lack of objection to exhibit marking, and acknowledgment of property distribution supported genuineness of Will [Paras 44-56].

Proof of Will – Compliance with Section 63 of Succession Act and Section 68 of Evidence Act – Valid Execution Proven – Sole surviving attesting witness (P.W.2) deposed to all elements required under Section 63 – No contradiction found in his testimony – Execution proven even though full cross-examination was not completed – Appellant chose not to avail further cross-examination opportunity or challenge relevant order – Valid proof of Will held to be established [Paras 71-73].

Evidence of Attesting Witness – Partial Cross-Examination – Not Fatal – Deposition Accepted – Despite initial expunction, High Court remitted matter to trial court to assess sufficiency of P.W.2’s testimony – Trial court found evidence substantial – Appellant failed to challenge this or produce further evidence – Court affirmed lower court's decision to accept the evidence [Paras 74-85].

Codicil – Letter Not Compliant with Legal Requirements – Not a Codicil – Letter dated 21/08/1999 allegedly modifying Will treated as informal correspondence – Lacked required formalities of execution and attestation under law – Held: Not a codicil and irrelevant for grant of probate [Paras 66-69].

Disparity in Bequests – Not a Ground to Invalidate Will – Property Distribution Justified – Testatrix’s Kalna property bequeathed to appellant and Kolkata property to other daughters – Appellant admitted this aligned with prior promises – Will not vitiated by uneven distribution – Courts must respect testatrix’s autonomy in property disposition [Paras 50-53, 63].

Decision – Probate Affirmed – Appeal Dismissed – Court found valid execution, no suspicious circumstances, and proper evaluation of evidence – Judgment and decree of probate granted on 17/12/2018 affirmed – Appeal dismissed on contest without costs – Stay on judgment’s operation granted for three weeks [Paras 86-89].

Education Law – Eligibility Criteria for BDS Course – 50% PCB Requirement – Rounding-Off Not Permitted – Appellant had 49.66% marks in Physics, Chemistry, Biology (PCB) in 10+2—Did not meet 50% eligibility criteria under Clause 6 of notification dated 10.06.2016—Family Court and Single Judge held rounding-off impermissible—Appellant’s name struck off from college rolls [Paras 2, 6–7].

Equitable Jurisdiction – Completion of Full Course under Interim Order – Degree Directed to be Conferred – Appellant allowed to continue BDS studies under interim order since 2017—Completed entire course and internship—High Court held: Appellant acted in good faith; no fraud; equity warrants issuance of degree—Writ Court cannot permit technicalities to defeat substantial justice [Paras 5, 8–10, 13].

Actus Curiae Neminem Gravabit – Litigant Not to Suffer Due to Court Delay – Court emphasized that delay in final hearing must not prejudice litigants protected by interim orders—Cited binding precedents (Pasupuleti Venkateshwarlu, Milind, Budhia Swain)—Held: Interim protection matured into legitimate expectation of qualification—Degree cannot be denied [Paras 9–12].

Administrative Law – Rigid Application of Rules Disfavored – Proportionality Doctrine Invoked – Court stressed writ jurisdiction must balance fairness over technicality—Doctrine of proportionality used to assess harm from denying degree versus regulatory breach—Held: Larger public interest served by confirming degree of trained dentist [Paras 9–10].

Decision – Appeal allowed – Impugned communication and judgment of Single Judge set aside – Respondents directed to confer BDS degree upon appellant within one week – No costs awarded [Paras 13–14].

Electricity Law - IBC vs. Electricity Dues – Applicability of Section 238 IBC – Refund of Deposited Amount Ordered – Petitioner purchased industrial premises through liquidation under IBC – Electricity connection was denied until petitioner paid arrears of prior owner – Payment made under protest – Respondents refused refund – Held: Section 238 of IBC has overriding effect over inconsistent provisions of Electricity Act – Respondents were required to file claims in liquidation under Section 53 – Demand for dues from the purchaser unjustified – Refund directed with interest [Paras 5, 8-11, 14].

Secured Operational Creditor – Role under IBC – Electricity Dues Not Recoverable Outside Liquidation Process – Electricity Board, being an operational creditor, is bound by IBC provisions – Recovery must be sought within liquidation mechanism – Direct demand from auction purchaser not permissible – Supreme Court rulings in Paschimanchal Vidyut and Southern Power Distribution Company applied [Paras 9-10].

Maintainability of Writ – Alternate Remedy No Bar in Pure Questions of Law – Though alternative remedies exist, they are not adequate in present case involving pure question of law already settled by Supreme Court – Hence, writ petition maintainable – Court exercises discretion under Article 226 [Paras 12-13].

Relief Granted – Amount Refundable With Interest – Condition of Arrears Clearance Unjustified – Respondents directed to refund Rs. 55,29,000/- with 6% interest from 27.10.2021 – Failing which, higher interest at 12% imposed – Bank guarantee for remaining dues also to be released [Para 14].

Criminal Law - Rape Conviction – Delay in FIR – Medical and Forensic Contradictions – Conviction Set Aside – The FIR was lodged three days post-incident without satisfactory explanation – Medical evidence and absence of FSL report contradicted the rape allegations – The prosecutrix’s testimony lacked corroborative scientific or physical evidence, undermining the prosecution’s case [Paras 2-5].

Eyewitness and Medical Evidence – Corroboration of Defence – Benefit of Doubt – The only eyewitness and medical reports supported the appellant's version of a mutual physical altercation, not a one-sided sexual assault – The appellant’s injuries were consistent with his narrative, casting doubt on the prosecutrix’s credibility and suggesting false implication [Paras 4-5].

False Implication – Judicial Caution in Rape Allegations – Citing Precedents – The Court emphasized cautious scrutiny in rape cases, acknowledging the possibility of false accusations due to motives such as revenge or extortion – Referred case law emphasized the need for unequivocal evidence before convicting – Held: Evidence did not establish guilt beyond reasonable doubt [Paras 5-8].

Criminal Trespass – Section 447 IPC – No Criminal Intent Proved – Acquittal – The prosecution failed to demonstrate unlawful entry with criminal intent by the appellant – The absence of concrete proof negated the essential elements of criminal trespass – The accused was acquitted under Section 447 IPC as well [Para 10].

Decision – Conviction Set Aside – Appellant Acquitted – The High Court held that the prosecution failed to establish the appellant’s guilt beyond reasonable doubt – Judgment of conviction dated 14.02.1995 was quashed – Appellant acquitted of all charges under Sections 376 and 447 IPC – Bail bonds discharged; compliance with Section 437-A Cr.P.C. directed [Final Para].

Civil Writ - Marriage Protection Petitions – Misuse of Judicial Process – Large-Scale Fraud Detected – The Court found that several petitions filed for police protection by runaway couples were based on forged certificates and fabricated identity documents – Noted that touts and unregistered institutions are exploiting court jurisdiction through manipulated filings – Held: Writ jurisdiction cannot be invoked by fraudulent means to bypass statutory law [Paras 5–9, 12–13].

Forgery and Fake Documents – FIRs Against Bogus Trusts – Organized Racketeering – Multiple FIRs filed in Ghaziabad and Prayagraj reveal an organized racket of fake Arya Samaj trusts issuing forged certificates – Police seized digital evidence and arrested operators of photocopy shops involved in document forgery – Held: Fraudulent solemnizations undermine legal sanctity and public trust [Paras 24–26.7].

Marriage Registration Reforms – Directions Issued – The Court directed amendment to the U.P. Marriage Registration Rules, 2017 – Ordered mandatory video recordings of ceremonies, physical presence of Purohits, verification of Aadhaar and educational documents, and strict residency jurisdiction – Interim directions to remain in force until new rules are notified [Paras 28–30, 33–34.5].

Fundamental Right to Marry – Not a License for Illegality – Reaffirmed that while adults have a right to choose partners under Article 21, this right must be exercised within the boundaries of law – Forged documents and false identities cannot form the basis for invoking constitutional protection [Paras 13, 21, 30].

Administrative and Institutional Failure – Collusion or Negligence – Found large-scale registration of marriages in districts like Ghaziabad despite no residence connection of parties – Strong indications of police and registrar complicity – Directed comprehensive inquiry and monthly compliance monitoring [Paras 17–19, 31].

Final Directions – Petitions Disposed – Court disposed of all petitions with liberty to petitioners to approach concerned Senior Superintendent of Police – Directed verification and protection on merits – Ordered transmission of judgment to Chief Secretary and concerned officials for compliance [Paras 36–38].

Anticipatory Bail – Sections 302, 323, and 34 of the Indian Penal Code, 1860 (IPC) - Role Introduced via Supplementary Statement – No Injury Attributed – Bail Granted – The petitioner, aged 67, was not named in the FIR and was later implicated for allegedly catching the victim’s beard and inciting his co-accused to assault – No injury attributed to the petitioner and he was unarmed – Court held that custodial interrogation was not justified based on the minor role, absence of overt act, and age – Anticipatory bail granted with conditions [Paras 4, 7, 9].

Criminal Procedure – Pre-trial Incarceration – Principle of Least Intrusion – Arrest Not Required – Court emphasized that pre-trial custody should not mimic punishment and that bail jurisprudence requires restraint unless justified – Reopening old neighborhood disputes without substantial evidence against petitioner did not justify arrest – Held: Continued liberty ensured through anticipatory bail [Paras 8-9].

Anticipatory Bail – Conditional Bail – Compliance and Cooperation Mandated – Bail granted subject to compliance with investigation and mandatory disclosure of identification details – The Court noted petitioner must cooperate fully and avoid influencing witnesses – Breach of conditions would entitle prosecution to seek cancellation [Paras 11-17].

Decision – Anticipatory Bail Allowed – Given the absence of direct assault, lack of prior criminal record, and the supplementary nature of allegations, anticipatory bail granted with directions to join investigation and comply with conditions – Petition allowed [Paras 9, 20].