Criminal Law – Quashing - Dishonour of Cheque – Liability of Joint Account Holder – Only Drawer Can Be Prosecuted – In a case involving a dishonoured cheque issued from a joint account, liability under Section 138 of the NI Act is attracted only against the person who signed the cheque – The petitioner, though a joint account holder, did not sign the cheque in question – Held, prosecution against him is not maintainable and complaint is liable to be quashed [Paras 6-7].

Legal Notice Requirement – Incorrect Addressee – Non-Compliance with Section 138(b) NI Act – Serving a legal notice to the drawer of the cheque is a mandatory requirement under Section 138(b) NI Act – In this case, the notice was issued in the name of "Rishi Jain" instead of the petitioner – The issuance of a corrigendum-cum-rejoinder beyond the statutory period of 30 days does not cure the defect – Held, the defective notice vitiates the entire proceedings, rendering them incurably illegal [Paras 8-9].

Quashing of Complaint – Violation of Procedural Safeguards – Section 482 Cr.P.C. – Given the fundamental defects in the complaint, including non-issuance of notice to the correct person and the lack of petitioner’s signature on the cheque, continuation of proceedings would amount to an abuse of process – Held, in the exercise of inherent powers under Section 482 Cr.P.C., the complaint and all subsequent proceedings are quashed [Para 9].

Decision: The criminal petitions are allowed. The complaint bearing No. 169 of 2019 titled Kulwant Singh vs. Jasbir Kaur and Another under Section 138 of the NI Act, the summoning order dated 19/09/2022, and all subsequent proceedings are quashed against the petitioners.

Civil Law - Specific Performance – Prima Facie Case – Insufficient Evidence – Temporary Injunction Denied - Plaintiffs sought specific performance for agreements involving flats under a Joint Development Agreement (JDA) but failed to demonstrate a prima facie case. The discrepancies between the property descriptions in the agreements and the plaint schedules, coupled with unverified claims of advance payments, undermined the case. Held: Injunction cannot be granted [Paras 10-12].

Temporary Injunction – Identification of Suit Property – Essential for Relief – Lack of Clarity - Plaintiffs failed to identify the properties clearly as there were inconsistencies in flat descriptions and measurements between the plaint schedule and agreements. Held: Lack of identifiable property negates relief [Paras 10-12].

Admissibility of Documents – Insufficient Stamp Duty – Section 34 of the Karnataka Stamp Act - Sale agreements executed on insufficiently stamped paper are inadmissible as evidence without payment of duty and penalty. Held: Agreements lacked admissibility, weakening the plaintiffs’ case [Para 11].

Balance of Convenience – Favors Defendants – Pending Arbitration - Plaintiffs, partners in the developer firm, did not complete the owner's share of construction as required under the JDA and could not show irreparable harm. The disputes were referred to arbitration as per the JDA's arbitration clause. Held: Balance of convenience is against the plaintiffs; injunction denied [Paras 10-12].

Decision: The appeals were dismissed, affirming the trial court’s rejection of the injunction applications.

Civil Writ - Unauthorized Constructions – Demolition of Buildings – Regularization Under MRTP Act – Petitioners sought to challenge notices issued by the Tahsildar for the demolition of their apartments, contending that they were third-party purchasers and entitled to regularization – Held: Petitioners' claim of innocent purchase is untenable when ownership stems from illegality – The relief of regularization is unavailable for unauthorized constructions, especially when constructed on government land without permission – Petition dismissed [Paras 6(i)-(iii), 7].

Principles of Natural Justice – Hearing of Affected Parties – Petitioners contended they were not heard in prior proceedings resulting in demolition orders – Held: Previous judgment conclusively decided the illegality of the constructions and the SLP against the judgment was dismissed – No violation of natural justice as Petitioners' rights flow from an inherent illegality [Paras 4-6].

Unauthorized Constructions – Supreme Court Precedents – Reference to Bombay Environmental Action Group v. Mumbai Municipal Corporation and Other Judgments – The Court reiterated that unauthorized constructions cannot be legitimized or regularized unless under exceptional circumstances following detailed surveys – Unauthorized constructions, being detrimental to urban development and environmental balance, must be dealt with firmly [Paras 6(i)-(iv), 7].

Compensation for Flat Purchasers – Liability of Developers – Rights of flat purchasers to claim compensation from developers for unauthorized constructions – Held: Petitioners may seek compensation from the developers in appropriate legal forums, but such claims do not impede the demolition of illegal structures [Para 11].

Decision – Petition Dismissed – No relief granted to regularize unauthorized constructions – Petitioners' right to claim compensation against developers kept open [Paras 10-11].
 

Criminal Law – Bail Application – Prolonged Judicial Custody – Denial of Bail – Petitioner sought regular bail under Section 439 of Cr.P.C. in an FIR registered under Sections 302/120-B/34 IPC for the murder of two inmates inside a jail van – Petitioner has been in judicial custody for over nine years while only 32 out of 79 prosecution witnesses have been examined – Trial delayed due to co-accused absconding and complex circumstances – Court noted the petitioner’s criminal antecedents, including convictions for crimes committed while on bail – Held: Prolonged custody alone does not justify bail in light of the gravity of the offense, risk of recidivism, and societal interests – Bail application dismissed [Paras 17–23].

Criminal Law – Heinousness of Offense – Grounds for Denial of Bail – Allegation that the petitioner, along with co-accused, strangulated two inmates with gamchas inside a jail van in the presence of armed police guards – Court observed the brazen and depraved nature of the crime committed in a highly secure environment – Held: The severity and circumstances of the offense justify denial of bail despite prolonged custody [Paras 17.1, 17.2, 19.3].

Criminal Antecedents – Relevance in Bail Decisions – Petitioner has a history of 28 criminal cases, including convictions under the Gangsters Act and for crimes committed while on bail – Court emphasized the petitioner’s demonstrated proclivity for committing offenses during bail periods as proof of recidivism – Held: Criminal antecedents and risk of repeat offenses are valid grounds to deny bail [Paras 19.1, 19.6, 20].

Right to Speedy Trial – Balancing Against Societal Interests – Petitioner invoked Article 21 of the Constitution, arguing that prolonged custody without trial violates the right to liberty – Court held that delay in trial is only one factor to be considered and must be weighed against the gravity of the offense, societal safety, and petitioner’s past conduct – Held: Speedy trial rights cannot override societal interests and the seriousness of the offense [Paras 19.2, 19.5, 23].

Judicial Discretion – Balancing Individual and Societal Interests – Court reaffirmed that the principle "bail is the rule, jail is the exception" must be applied judiciously – Emphasized that societal safety and petitioner’s history of criminality take precedence over prolonged incarceration – Held: Denial of bail is a justified exercise of discretion in view of larger public interest [Paras 19.4, 21].

Judicial Directions – Expedited Trial – Court expressed concern over delays in the trial and urged the trial court to conclude the proceedings expeditiously without further undue delay – Held: While bail is denied, the justice system must ensure timely trial completion [Para 24].

Decision: Bail application dismissed – Prolonged custody does not outweigh the gravity of the offense, criminal history, and societal risks – Trial court directed to expedite proceedings [Paras 22–24].

Civil Writ - Passports for Minors – Consent of Both Parents – Declaration in Annexure C – Passport Authority refused to process passport renewal applications of minors without the consent of their father – Mother submitted a declaration under Annexure C stating an ongoing custody dispute with no court order prohibiting passport issuance – Held: Annexure C suffices in absence of a prohibitory order, and the Passport Authority cannot demand additional court permission [Paras 14-17].

Fundamental Right to Travel – Scope of Article 21 – The right to life and personal liberty under Article 21 includes the right to travel abroad – Refusal to issue a passport based solely on a parent’s objection without valid legal grounds violates the constitutional right to travel, which must be safeguarded [Paras 7, 22].

Judicial Precedent – Reliance on Division Bench Judgment – Relied on Miss Yushika Vivek Gedam v. Union of India & Others, WP No. 19042/2024 (Bombay High Court) – Reiterated that a parent's refusal to consent cannot automatically bar passport issuance if the declaration under Annexure C has been submitted [Paras 9-17].

Custody Disputes – No Bar to Passport Issuance – Mere pendency of a custody dispute does not prevent passport issuance for minors unless a prohibitory order is passed by a competent court – Respondent No. 3 (father) retains the right to approach the Family Court for further remedies [Paras 16-17].

Decision: The Passport Authority’s impugned communication dated 08/11/2024 quashed.
Directed the Passport Authority to process and renew the passports of the petitioners within one week.
Respondent No. 3 (father) granted liberty to approach the Family Court for prohibitory orders or to raise issues concerning document authenticity without being influenced by this judgment [Para 17].
 

Criminal Law – Quashing - Proclaimed Offender Declaration – Non-compliance with Section 82 of Cr.P.C. – Order Set Aside – The Chief Judicial Magistrate failed to record satisfaction regarding the petitioner’s absconding or concealment, as mandated under Section 82(1) of Cr.P.C. – Proclamation proceedings vitiated for non-adherence to procedural requirements, including proper publication and conclusive evidence of service – Order declaring petitioner as proclaimed offender quashed [Paras 6–9, 10].

Procedural Safeguards – Section 82 Cr.P.C. – Necessity of Compliance – Issuance of proclamation under Section 82 Cr.P.C. requires strict compliance with its procedural safeguards, including prior issuance of warrants, detailed publication steps, and satisfaction that the accused is evading arrest – Non-compliance renders proceedings null and void [Paras 6–10].

Proclaimed Offender Proceedings – Judicial Scrutiny of Service Reports – Magistrate’s reliance on service reports without adequate scrutiny violates the rights of the accused – Proclamation proceedings must establish that the accused was served in accordance with the prescribed methods under Section 82(2) Cr.P.C. [Paras 9, 10].

Effective Appearance and Bail – Redundant Proceedings – Post-appearance of the accused and grant of bail by the trial court, continuation of proclamation proceedings becomes redundant – Criminal proceedings stemming from invalid proclamation set aside in the interest of justice [Paras 10.1, 11].

Decision: The order dated 12.06.2023 declaring the petitioner as a proclaimed offender in FIR No. 55/2016 is quashed for non-compliance with Section 82 Cr.P.C. All consequential proceedings arising from the proclamation order are also quashed. The petitioner’s subsequent appearance and grant of bail render further proceedings unnecessary. Petition Partly Allowed. Pending Applications Disposed Of.

Civil Writ - Right to Protest – Fundamental Rights vs. Reasonable Restrictions – Petitioners sought permission to hold a peaceful rally to protest against an incident at R.G. Kar Medical College and raise public awareness – Authorities denied permission citing public inconvenience and procedural lapses in the application – Court held: Fundamental rights under Article 19 cannot be abridged or prohibited unless reasonable restrictions are imposed under law – Order denying permission set aside. (Paras 25, 30, 33)

Distinction Between Restriction and Prohibition – Petitioners challenged the prohibitory nature of the authorities' response, which stated that their rally “cannot be processed” – Court emphasized that restrictions must be reasonable and cannot equate to a prohibition unless no lesser alternative exists – Held: Prohibitory orders must satisfy stricter scrutiny than reasonable restrictions. (Paras 25, 33)

Balancing Public Convenience and Right to Protest – Petitioners agreed to alter their proposed route from Wellington Square to College Square to reduce inconvenience – Court approved the modified route, balancing the petitioners' right to protest with the public's right to free movement – Held: Alteration of the route and adherence to conditions ensures minimal disruption. (Paras 25–26, 33)

Protest Organization – Responsibilities and Conditions – Petitioners undertook responsibility to limit participation to 100 individuals and to conclude the event by 4:30 p.m. – Police were directed to provide adequate security and ensure no breach of peace – Held: Petitioners must abide by conditions, including noise pollution rules, and ensure the protest remains peaceful. (Paras 30, 33)

Decision:

Petition allowed – Prohibition order dated 12/01/2025 set aside – Petitioners permitted to hold a peaceful procession on 16/01/2025 along the modified route from Wellington Square to College Square, subject to adherence to specified conditions – State directed to facilitate security arrangements. (Paras 33–34)

Conditions for the Protest:

• Rally limited to 100 participants.

• Procession to follow the modified route from Wellington Square to College Square.

• Event to conclude by 4:30 p.m.

• Petitioners to follow noise pollution and public order rules.

• Delegation of petitioners to submit their demand charter to the Law Secretary, Government of West Bengal.

Criminal Law – Conviction for Murder – Common Intention – The appellants were charged under Sections 302 and 34 IPC for the murder of Peethambaran following a physical altercation – The 1st accused inflicted a fatal stab injury on the deceased’s neck – Held: Evidence showed that the 2nd accused did not share a common intention with the 1st accused – Conviction of 2nd accused under Section 302 IPC set aside; Conviction of 1st accused upheld. (Paras 17–28)

Culpable Homicide vs. Murder – Applicability of Exception 4 to Section 300 IPC – Appellant contended that the incident occurred in a sudden fight without premeditation – Evidence revealed that the deceased was unarmed and offered no resistance while the 1st accused inflicted a fatal stab wound with a sharp weapon – Held: Exception 4 to Section 300 IPC not applicable as the fight was one-sided and the accused took undue advantage by using a deadly weapon – Conviction under Section 302 IPC upheld for the 1st accused. (Paras 23–27)

Credibility of Witnesses – Testimony of Related Witnesses – Defense argued that the evidence of related witnesses (PW2 and PW3) should be rejected – Court held: While related witnesses’ testimony must be scrutinized carefully, the evidence of PW2 and PW3 was consistent, credible, and corroborated by medical and forensic evidence – Conviction based on their testimony upheld. (Paras 18–20)

Forensic Evidence – Role in Corroborating Eyewitness Testimony – Bloodstained knife (MO1) and soil from the scene matched the blood group of the deceased – Forensic evidence corroborated eyewitness accounts of the crime – Held: Weapon used and place of occurrence duly established by prosecution. (Paras 20–21)

Role of Second Accused – Lack of Evidence for Common Intention – The 2nd accused was present during the incident but no reliable evidence indicated that he actively facilitated or participated in the crime – Held: Conviction under Section 302 IPC unsustainable; 2nd accused acquitted of all charges. (Para 28)

Decision:
For the 1st Accused (Thankappan): Conviction under Section 302 IPC upheld – Sentence of life imprisonment and fine of ₹50,000 confirmed.
For the 2nd Accused (Manoj): Conviction under Section 302 IPC set aside – Acquitted of all charges due to lack of evidence establishing common intention. (Paras 27–28)
 

Anticipatory Bail – Public Servant Accused of Corruption – Petitioner, a Regional Transport Officer, was accused of illegal cancellation of registration certificates (R.C.) of vehicles and unauthorized concessions on taxes, causing a financial loss to the State – Held: The nature of evidence (mostly documentary) and the petitioner's position as a public servant do not necessitate custodial interrogation – Bail granted subject to strict conditions. (Paras 8–9)

Grant of Bail – Protection Against Evidence Tampering – While the prosecution argued that the petitioner might influence witnesses and tamper with evidence, the court observed that much of the evidence was documentary and already recovered – Held: Adequate conditions imposed to prevent interference with the investigation. (Paras 7–8)

Applicability of Section 438 CrPC – Balancing Individual Liberty with Investigation Needs – The petitioner argued that his actions were within the scope of his duties, though the prosecution alleged misuse of official authority – Held: Anticipatory bail can be granted in such cases to protect the petitioner’s liberty while ensuring non-interference in the investigation. (Paras 8–9)

Corruption and Abuse of Power – Scope of Allegations – The petitioner, a Joint Regional Transport Officer during the relevant period, was accused of unauthorized tax concessions and cancellations of vehicle R.C. books even after being relieved from office – The court noted that allegations involve serious misconduct under the IPC and Prevention of Corruption Act but did not warrant pretrial detention. (Paras 3–8)

Decision:
Bail Allowed: Petitioner directed to surrender before the investigating officer within two weeks. In the event of his arrest, he shall be released on bail upon furnishing a bond of ₹2,00,000 with two solvent sureties for the like amount, subject to the following conditions:
i) The petitioner shall appear before the investigating officer as and when required until the final report is filed.
ii) The petitioner shall not leave the State of Kerala without prior permission from the jurisdictional court.
iii) The petitioner shall not influence or intimidate witnesses or tamper with evidence.
iv) The petitioner shall not get involved in any other offense during the bail period.

Prosecution Liberty: Prosecution may seek cancellation of bail in case of any breach of conditions. (Paras 9)