Murder – Conviction under Section 302/34 IPC based on credible eyewitness testimony of related witnesses – Conviction upheld; appeal dismissed [Paras 2–4, 27–33].

Criminal Appeal – Murder in Furtherance of Common Intention – Conviction Upheld – High Court affirmed conviction under Section 302/34 IPC where appellant fired on deceased during marriage function – Eyewitness account of father and brother found reliable – Delay in trial due to absconding not fatal – Appeal dismissed [Paras 2–4, 27–33].

Identification of Accused – Kaushal @ Alok Chauhan – Identity Dispute Rejected – Appellant’s claim that he was misidentified as “Kaushal” refuted based on consistent reference to both names in investigation and local familiarity – Dock identification and corroborating testimony confirmed involvement [Paras 7, 25, 28–30].

Evidence – Related Witness – Trustworthiness Affirmed – Father and brother of deceased found to be natural and probable witnesses – Prompt FIR, consistent testimony, and their presence at the event established – Held: Related witness evidence cannot be discarded if trustworthy [Paras 18, 26, 30].

Medical and Documentary Evidence – Post-Mortem, FIR, and Site Plan Corroborated Ocular Testimony – Timely FIR and inquest, wound characteristics consistent with close-range firearm use – Trial court’s factual findings based on coherent chain of evidence upheld [Paras 20–24].

Plea for Reduction of Offence – Section 302 vs. Section 304 IPC – Rejected – Argument that death was unintentional or accidental found baseless – Court held accused fired intentionally knowing consequences – No grounds to convert conviction to culpable homicide not amounting to murder [Paras 31–32].

Appellate Interference – Scope of Section 386 CrPC – No Perverse Finding – Where trial court’s view is plausible and supported by evidence, appellate court must refrain from interference – Conviction legally sustainable [Paras 11–13].

Decision – Conviction Under Section 302/34 IPC Affirmed – Appeal Dismissed – Appellant directed to surrender and serve remaining sentence – Bail bonds forfeited [Para 33].

Criminal Law - Bail Cancellation – Section 528 BNSS – Order Cancelling Bail and Issuing NBWs Quashed – Petitioner’s bail was cancelled and NBWs issued for non-appearance – On the date in question, case was adjourned for reply to Sec. 239 Cr.P.C. application and no substantial proceedings were fixed – Held: mere absence on such date without intent to hamper trial does not justify punitive cancellation – Impugned order set aside – Bail restored [Paras 4, 7-8].

Exemption from Appearance – Judicial Discretion – Out of six hearings, petitioner absent on three – Held: occasional exemptions do not establish wilful attempt to evade trial – Trial Court ought to have granted exemption instead of imposing drastic measure of bail cancellation [Paras 4, 7].

Object of Bail – Ensuring Presence vs. Punishment – Court reiterates that bail is to secure appearance during trial and not punitive – Cancellation permissible only on recording cogent satisfaction of wilful evasion – Absence in procedural hearing not sufficient ground [Paras 6-7].

Judicial Approach – NBWs and Bail Cancellation – Caution Against Mechanical Orders – Following Sahib Singh @ Saab Singh v. State of Punjab (2025), Courts must adopt non-bailable warrants sparingly and only upon recording necessity – Punitive approach inconsistent with bail jurisprudence [Paras 6-7].

Decision – Petition Allowed – Bail cancellation and NBWs quashed – Petitioner directed to appear before trial Court within 15 days and furnish bail bonds – On failure, benefit of bail to lapse automatically [Para 8].

Criminal Law – Attempt to Rape converted to Outraging Modesty – Sections 354/323 IPC – Conviction Set Aside – Trial Court convicted appellant for outraging modesty despite charge under Sections 376/511 IPC – High Court found victim’s evidence inconsistent with FIR, medical records, and Section 164 statement – Hostile witnesses and alternative version of incident (dispute over spitting at gate) created reasonable doubt – Benefit of doubt extended; conviction set aside; appeal allowed. Acquittal. [Paras 10-15, 21].

Victim’s Evidence – Weight and Corroboration – Law recognises that sole testimony of prosecutrix can sustain conviction if trustworthy – In present case, contradictions between FIR, deposition, Section 164 Cr.P.C. statement, and medical report undermined reliability – Court held victim’s testimony lacked cogency and required corroboration, which was absent [Paras 13-15].

Interested/Hostile Witnesses – Evaluation – PWs 3 and 4 (relatives in same premises) did not support prosecution version – PW 4 gave different account of quarrel between accused and victim’s husband – Witness not declared hostile – Lack of corroboration from neighbours and family members further weakened prosecution [Paras 14, 16-17].

Medical Evidence – Injury Report – Doctor noted only tenderness on chest and limbs, no signs of scuffle, sexual assault, or vomiting as alleged – Injury report used against accused though not put to him under Section 313 Cr.P.C. – Inadmissible for conviction as per Sujit Biswas principle – Medical evidence failed to corroborate prosecution story [Paras 13, 19-20].

Section 313 Cr.P.C. – Principles of Natural Justice – All incriminating materials must be put to accused – Failure to confront with injury report violated audi alteram partem – Such evidence excluded from consideration [Paras 19-20].

Standard of Proof – Two Possible Views – As per Kali Ram and Raj Kumar Singh, where two views are possible, one favouring accused must prevail – Prosecution evidence not free from doubt; alternative version supported by some witnesses – Accused entitled to acquittal [Paras 18, 21].

Decision: Appeal allowed – Judgment and conviction dated 17/09/2014 set aside – Appellant acquitted of charges under Sections 354 and 323 IPC – Bail bond discharged in terms of Section 437A Cr.P.C. (corresponding Section 481 BNSS, 2023) [Paras 21-24].

NDPS Act – Second Bail Application – Commercial Quantity – Allegation of conscious possession – 151.6 kg of ganja recovered from intercepted DCM truck – Applicant apprehended on spot along with driver – Held: Once contraband is recovered from vehicle and accused was present therein, presumption of conscious possession applies – Burden on accused under Section 35 & 54 to rebut – Mere status as “cleaner” insufficient to displace statutory presumption – Bail rightly refused [Paras 2-3, 20-21]

Bail – Section 37 NDPS Act – Stringent Conditions – Twin requirements under Section 37(1)(b)(ii) not met – No reasonable grounds to believe applicant is not guilty – Likelihood of re-offending not ruled out – Held: Bail under NDPS Act cannot be granted unless both limbs of Section 37(1)(b) are satisfied – No special circumstances warranting deviation found [Paras 8-9, 13-14, 21-23]

Criminal Procedure – Non-filing of FSL Report with Charge Sheet – Not Fatal – Charge sheet filed on 31.12.2023 based on sufficient evidence – FSL report dated 02.12.2023 included later in case diary under Section 173(8) – Held: Non-inclusion of FSL report with charge sheet does not vitiate proceedings or entitle accused to bail – FSL report is corroborative evidence admissible under Section 293 CrPC [Paras 5-6, 14-20]

Section 52A NDPS Act – Delay or Non-Compliance – Not Ground for Bail – Supreme Court’s ruling in NCB v. Kashif (2024) reiterated – Purpose of Section 52A is early disposal of seized drugs – Lapse is procedural irregularity, not illegality – Does not vitiate prosecution case or entitle accused to bail [Paras 9-13]

Search and Seizure – Applicability of Section 50 NDPS Act – Section 50 applies only to personal search – Not applicable to search of vehicles – Argument of non-compliance with Section 50 rejected based on settled Supreme Court law [Para 17]

Decision: Bail application dismissed – Court finds no reasonable ground under Section 37 of NDPS Act to enlarge applicant on bail – Application rejected with reference to conscious possession and sufficiency of evidence including FSL report.

Civil Law  – Declaration of Matrimonial Status – Sections 7 & 8, Family Courts Act – Jurisdiction – Appeal Allowed in Part – Plaintiff claimed declaration as second wife of late Mukesh Sharma – Trial court dismissed suit holding matrimonial status declaration lies exclusively within jurisdiction of Family Court – High Court upheld finding of lack of jurisdiction but held trial court erred in dismissing instead of returning plaint – Order 7 Rule 10 CPC mandates return of plaint for presentation before competent Family Court – Impugned judgment modified accordingly [Paras 13-22].

Family Court Jurisdiction – Section 7 Explanation (b), Family Courts Act – Exclusive domain over validity of marriage and matrimonial status – Civil Court jurisdiction barred under Section 8 – Supreme Court in Balram Yadav v. Fulmaniya Yadav, (2016) 13 SCC 308 applied – Declaration of matrimonial status can only be sought before Family Court [Paras 14-15, 18].

Return of Plaint – Order 7 Rule 10 CPC – Mandatory where Court lacks jurisdiction – Trial court committed illegality by dismissing suit outright – Supreme Court in EXL Careers v. Frankfinn Aviation Services, (2020) 12 SCC 667 reiterated principle – High Court directed return of plaint to enable presentation before competent court [Paras 16-19, 21-22].

Decision: Appeal partly allowed – Impugned judgment and decree dated 17/09/2022 set aside to extent of dismissal of suit – Finding of lack of jurisdiction upheld – Trial Court directed to return plaint under Order 7 Rule 10 CPC for presentation before Family Court – No order as to costs [Paras 21-23].

Criminal Writ - Child Custody – Habeas Corpus – Biological Parent vs. Grandparent – Petitioner, biological father and natural guardian, sought custody of son from maternal grandmother – Respondent contended emotional bond, financial incapacity of father, and pending custody proceedings – Held: Biological parents’ right to custody prevails unless welfare of child is demonstrably at risk – Grandparent has no superior right over natural guardian – Custody directed to be restored to petitioner [Paras 12-14, 16].

Maintainability – Habeas Corpus vs. Guardians and Wards Act – Pendency of custody proceedings before Family Court no bar – Writ jurisdiction may be exercised in exceptional cases where detention is unlawful – Habeas Corpus maintainable where biological parent is deprived of custody by third party – Supreme Court precedents in Tejaswini Gaud (2019) 7 SCC 42 and Gautam Kumar Das (2024 INSC 610) applied [Paras 10-12, 14].

Welfare of Child – Paramount Consideration – Petitioner and wife living together, gainfully employed – Already caring for twin brother suffering from cerebral palsy – Nothing on record to show incapacity – Property disputes irrelevant – Welfare best served in custody of parents – Adjustment difficulties temporary – Welfare safeguarded with visitation rights to grandmother [Paras 12-14, 17].

Visitation Rights – To balance child’s welfare and existing bond with grandmother, respondent no. 5 allowed weekday visitation (9:00 am to 6:00 pm) at petitioner’s residence for three months – Respondent nos. 6 to 8 permitted to accompany – Petitioner directed to cooperate [Para 17].

Decision – Petition partly allowed – Police directed to secure custody of minor from respondent no. 5 and hand over to petitioner within two weeks – Visitation rights granted – No order as to costs [Paras 16-18].

Registration of Sale Deed – Role of Registering Officer – Refusal Held Illegal – The Sub-Registrar and District Registrar, Samba, refused registration of a sale deed on the ground that petitioner’s title was unclear, relying on the Advocate General’s opinion – Held: Registering Officer has no adjudicatory role to assess title – Registration cannot be refused if procedural requirements are met and there is no legal bar – Orders of refusal quashed [Paras 12-14, 17-19].

Ownership Rights – Government Order 254-C of 1965 – No Restriction on Transferability – The petitioner acquired land under Government Order No. 254-C of 1965 – Held: Such ownership is full and unrestricted – No condition prohibits sale or transfer – Reliance on Advocate General’s pending opinion without legal notification is unjustified [Paras 15-16, 18].

Rule-Making Power – Section 69 of Registration Act – Scope Limited – Any rule or instruction not covered under Section 69(1)(a) to (j) is ultra vires – Registration Rules cannot override the Act – Cited SC judgment in K. Gopi vs. Sub-Registrar declaring Rule 55A ultra vires to emphasize limited powers of Registering Officers [Paras 11, 13].

Registration Act – Procedural Compliance Sufficient – No Requirement to Prove Title – Under Sections 34, 52, and 58 of the Registration Act, 1908, registration depends on execution, identity, and procedural formalities – Held: Title disputes beyond the scope of registration proceedings – Petitioner cannot be denied registration solely due to absence of clarification from Government [Paras 6-10, 12].

Decision of Coordinate Bench – Binding Authority – Jarnail Singh Case Followed – Coordinate Bench ruling in Jarnail Singh vs. UT of J&K affirmed that ownership under Order 254-C is absolute – Held: Sub-Registrar cannot disregard this legal precedent in absence of contradictory statutory provision [Para 16].

Final Relief – Writ Allowed – Registration Directed – Impugned orders of Sub-Registrar and District Registrar set aside – Petitioner permitted to re-present the sale deed – Sub-Registrar directed to register if no other legal impediment exists [Paras 19-20].

Criminal Revision – Charges under Sections 143, 341, 323, 336 & 307 IPC – Partial Relief – Petitioners challenged order framing charges including Section 307 IPC – Court held: prima facie case under Sections 143, 341, 323 and 336 IPC made out – However, no material showing intention or knowledge necessary for attempt to murder – Charge under Section 307 IPC quashed – Case transferred to CJM, Bhilwara for trial of remaining offences [Paras 18-24].

Framing of Charges – Limited Scope of Judicial Review – Sections 227 & 228 CrPC – At stage of framing charge, Court cannot weigh evidence but must ensure prima facie case – Suspicion alone insufficient; there must be grave suspicion – Trial Court erred in framing charge under Section 307 without prima facie ingredients – Revision partly allowed [Paras 19-22].

Attempt to Murder – Section 307 IPC – Essential Ingredients Missing – Injuries on complainant Mustak and others were simple, caused by blunt objects like lathi and stones – No repeated blows on vital parts, no sharp weapons, no premeditation or motive shown – Incident was sudden fight – Held: necessary mens rea absent – Offence under Section 307 IPC not made out even prima facie [Paras 17-18, 23].

Unlawful Assembly and Simple Hurt – Sections 143, 341, 323, 336 IPC – Sustained – Witness statements and injury reports show petitioners voluntarily caused simple hurt, restrained complainants, and endangered safety by pelting stones – Prima facie offences under these provisions made out – Charges under these sections upheld [Paras 10, 23-24].

Decision – Order framing charge under Section 307 IPC set aside – Petitioners discharged from offence under Section 307 – Charges under Sections 143, 341, 323, and 336 IPC maintained – Case transferred to Chief Judicial Magistrate, Bhilwara for trial – Revision petition disposed of accordingly [Paras 24-25].

Public Interest Litigation – Road Safety – Median Cut Closure – Dismissal of PIL – The petitioner sought reopening of a median cut on National Highway No. 44 near village Khari, which was earlier closed due to safety concerns following accidents – The National Highways Authority of India submitted that the closure was based on recommendations from a Road Safety Audit Report in accordance with MoRTH guidelines – Held: The Court found no reason to interfere with expert advice taken for public safety – Mere inconvenience due to an alternative cut being 1.5 km away was not a sufficient ground to reopen the closed median cut [Paras 1-6].

Judicial Review – Role of Courts in Expert Decisions – Limited Scope – The Court reiterated that judicial review does not extend to substituting expert opinion with judicial wisdom, especially in matters involving technical expertise and road safety audits – Held: Courts should defer to technical assessments unless manifestly arbitrary or mala fide – Petition rightly dismissed [Para 5].

Public Safety vs Local Convenience – Balancing Interests – Median Cut Closure Justified – Though the petitioner cited inconvenience to villagers due to distant alternate routes, the Court observed that safety considerations on a National Highway override such inconvenience – The closure was deemed in public interest to avoid accidents – Petition dismissed accordingly [Paras 4-6].

Final Decision – Petition Dismissed – The High Court declined to entertain the PIL citing valid expert recommendation and public safety grounds – No interference warranted – Petition dismissed [Para 7].