Criminal Law - Execution Proceedings – Alleged Impersonation of Surety – Offence Relating to Court Proceedings – In execution of money decree, part decretal amount disbursed on furnishing of solvent surety – Allegation that surety was furnished through impersonation and real person never stood as surety – Application filed under Section 379 BNSS seeking prosecution for offences affecting administration of justice [Paras 1–3, 7].

Sections 215 and 379 BNSS – Bar on Police Taking Cognizance – Mandatory Role of Court – Offences alleged to have been committed in relation to proceedings of Court fall within Section 215 BNSS – Police cannot suo motu register FIR for such offences – Court must first form an opinion that it is expedient in the interest of justice to inquire into the offence and then follow procedure under Section 379 BNSS [Paras 6–8].

Duty of Court – Preliminary Enquiry and Application of Judicial Mind – Executing Court directed police to investigate and register FIR if offence found, without conducting preliminary enquiry or recording prima facie satisfaction – Held: Court may seek assistance of police for enquiry, but discretion to register FIR cannot be delegated to police authorities – Registration of FIR must follow judicial determination by Court [Paras 8–9].

Modification of Order – Police Investigation Subject to Court’s Direction – Impugned order modified – Police permitted to investigate and submit report – FIR to be registered only upon express orders of Executing Court and not suo motu by police – Compliance with Sections 215 and 379 BNSS ensured [Paras 9–10].

Decision: Impugned order dated 18.11.2025 modified – Police investigation permitted subject to report before Executing Court – FIR to be registered only on direction of Court – Petition disposed of.

Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Matrimonial Dispute – Allegations arising out of strained marital relationship – FIR lodged after initiation of divorce proceedings – Allegations found to be counterblast and motivated – High Court empowered to prevent abuse of process of law [Paras 5–10, 30].

Rape – Marital Rape Exception – Sections 375 and 376 IPC – Husband and Wife – Sexual intercourse between legally married spouses where wife is major – Covered by Exception 2 to Section 375 IPC – Held, no offence of rape under Section 376 IPC is made out even if intercourse alleged to be without consent – Continuation of prosecution under Section 376 held impermissible [Paras 23–26].

Unnatural Offence – Section 377 IPC – Applicability Between Spouses – Repugnancy with Section 375 IPC – Acts alleged between husband and wife – In light of amended definition of rape and marital exception, prosecution under Section 377 IPC for acts within marital relationship held unsustainable – Section 377 not attracted where alleged acts fall within marital domain [Paras 27–29].

Constitutional Interpretation – Effect of Navtej Singh Johar Judgment – Scope of Section 377 IPC – Acts criminalised under Section 377 substantially diluted – Certain acts now covered within expanded definition of sexual intercourse under Section 375 IPC – Section 377 rendered redundant in marital context [Paras 28–29].

Criminal Law – Bhajan Lal Principles – Malicious Prosecution – FIR lodged with ulterior motive to harass husband – Absence of medical evidence supporting allegation of unnatural sex – Allegations vague and omnibus – Case falls within categories warranting quashing under Bhajan Lal guidelines [Paras 30–31].

Cruelty – Section 498A IPC – Distinct Offence – Forced sexual acts within marriage may constitute cruelty – Such allegations to be examined at trial – No interference at quashing stage with respect to Sections 498A, 323 and 294 IPC [Paras 27, 32].

Partial Quashing – Scope – High Court may quash proceedings in part – Proceedings under Sections 376(2)(n) and 377 IPC quashed – Prosecution under Sections 498A, 323 and 294 IPC permitted to continue in accordance with law [Paras 32–33].

Decision: Miscellaneous Criminal Case partly allowed – FIR and charge sheet in Crime No. 971/2023 quashed to the extent of offences under Sections 376(2)(n) and 377 IPC – Proceedings under Sections 498A, 323 and 294 IPC to continue – Order of cognizance modified accordingly.

SARFAESI Act – Statutory Appeal – Mandatory Pre-deposit – Section 18 – Borrower challenged dismissal of Securitisation Application by DRT by filing writ petition under Article 226 – Single Judge directed deposit of amounts before Bank and treated same as statutory pre-deposit – Held: Second proviso to Section 18 mandates deposit of 50% of debt due, reducible only up to 25% by DRAT for recorded reasons – Pre-deposit is a condition precedent for entertaining appeal – No provision under SARFAESI Act permitting deposit before secured creditor to be treated as statutory pre-deposit before DRAT – Deposit has to be made with Appellate Tribunal only – Direction of Single Judge treating bank deposit as statutory pre-deposit held unsustainable [Paras 10, 15-21].

Writ Jurisdiction – Alternative Statutory Remedy – SARFAESI proceedings – Borrower has efficacious remedy of appeal under Section 18 against DRT order – Writ petition filed to circumvent statutory appeal and mandatory pre-deposit – Held: High Court should not entertain writ petition under Article 226 when effective statutory remedy exists, particularly in matters relating to recovery of bank dues – None of the exceptional circumstances (lack of jurisdiction, violation of natural justice, defiance of statutory provisions, or repealed law) made out – Writ petition not maintainable [Paras 14, 22-28].

Pre-deposit – Nature and Scope – Amount to be deposited is “debt due” inclusive of interest under Section 2(g) of RDB Act – Complete waiver of pre-deposit impermissible – DRAT’s discretion limited between 50% and 25% of debt due – Amount deposited pursuant to interim orders before Bank cannot be appropriated or adjusted as statutory pre-deposit unless statute so provides – Borrower cannot claim adjustment to avoid compliance with Section 18 [Paras 16-21].

Judicial Discipline – Interference under Article 226 in SARFAESI matters – Apex Court consistently cautioned High Courts against bypassing statutory remedies under SARFAESI/RDB Acts – Held: Learned Single Judge failed to consider binding precedents and statutory scheme – Impugned judgment liable to be set aside [Paras 23-29].

Decision: Writ appeal allowed – Judgment dated 14.08.2024 in WP(C) No.21833 of 2024 set aside – Writ petition dismissed – Borrowers relegated to statutory remedy under Section 18 of SARFAESI Act [Para 29].

Criminal Law – Quashing under Section 482 Cr.P.C. – Abuse of Process – Accused charged with offences under Sections 332, 353, 354(B), 354(A), 224 and 225(1) IPC alleging assault on woman civil police officer, attempt to disrobe her and rescue of accused from police custody – Petitioners sought quashment contending false implication and police atrocities – District Police Complaints Authority, after detailed enquiry with examination of witnesses, documents, CDs and photographs, found de facto complainant and other police officers guilty of dereliction of duty and police excesses in relation to same incident – Authority recommended disciplinary action – Order of Police Complaints Authority not shown to have been challenged – Held: Findings of competent statutory authority headed by retired District Judge cannot be ignored while considering inherent jurisdiction under Section 482 – Findings clearly disprove prosecution allegations – Continuation of criminal proceedings would amount to abuse of process of court – Ends of justice require termination of prosecution [Paras 3, 5].

Police Atrocities – Evidentiary Value of Findings of Police Complaints Authority – Where independent statutory body, after enquiry, finds police officials guilty of excesses in same transaction forming subject matter of criminal case – Such findings are relevant and persuasive for exercising inherent powers – Prosecution based on version of same police officials rendered unreliable – Proceedings liable to be quashed [Paras 3, 5].

Inherent Powers – Section 482 Cr.P.C. – Scope – High Court justified in quashing proceedings where uncontroverted material of sterling quality demonstrates that prosecution case is manifestly attended with mala fides and instituted to shield police misconduct – Preventing miscarriage of justice and abuse of judicial process [Paras 5-6].

Decision: Criminal M.C. allowed – Proceedings against petitioners/accused Nos.1 to 5 in C.C. No.310/2017 on the files of the Judicial First Class Magistrate Court, Adoor arising out of Crime No.1419/2016 of Pandalam Police Station quashed [Final Order].

Criminal Revision – Cognizance and Framing of Charge – Scope of Interference – Revision filed challenging order of cognizance dated 22.10.2021 and order framing charge dated 24.01.2024 under Section 306 IPC – Held: Revisional jurisdiction is limited and interference warranted only when orders suffer from patent illegality or perversity [Paras 2, 9, 41–42].

Cognizance – Alleged Discrepancy in Dates – Chargesheet and Order Taking Cognizance – Argument that cognizance was taken on 22.10.2021 whereas chargesheet bears endorsement dated 23.10.2021 – Court declined to accept hyper-technical plea – Held: Minor discrepancy in dates attributable to clerical/human error – No material to presume that cognizance was taken without submission of chargesheet – Order taking cognizance upheld [Paras 11–15].

Framing of Charge – Sections 227 & 228 CrPC – Legal Threshold – Court reiterated settled law that at stage of framing charge, detailed appreciation of evidence is impermissible – Charge can be framed on strong suspicion or presumption of commission of offence – Recording of reasons mandatory only for discharge, not for framing of charge – Reliance placed on Ramesh Singh, Amit Kapoor, Dinesh Tiwari and Kanti Bhadra Shah [Paras 16–24].

Abetment of Suicide – Section 306 IPC – Prima Facie Satisfaction – Ingredients of Section 107 IPC to be ultimately proved at trial – At charge stage, Court required only to see whether material raises presumption of abetment – Suicide note naming revisionist as responsible for death coupled with investigation material sufficient to raise prima facie suspicion – Detailed examination of intention, instigation or aid not warranted at this stage [Paras 25–27, 37–39].

Suicide Note – Disputed Authenticity – Limited Scrutiny at Charge Stage – Suicide note contained multiple paragraphs and signatures – Argument that note was fabricated or partly written at different times rejected at threshold – Absence of date on suicide note and conflicting handwriting expert reports held to be matters of evidence – Held: Validity, genuineness and evidentiary value of suicide note to be tested during trial and not at stage of framing charge [Paras 26–31].

Forensic Evidence – Conflicting Reports – No Conclusive Opinion at Pre-Trial Stage – FSL report indicated handwriting similarity but sought more specimen signatures for signature comparison – Private handwriting expert’s report contradicted prosecution case – Held: Contradictory expert opinions require appreciation of evidence at trial – Not a ground for quashing charge [Paras 28–31].

Judgments on Discharge Distinguished – Reliance on Jayedeepsinh Pravinsinh Chavda, Suresh @ Pappu Kalani, Shashikant Sharma and Satish Mehra distinguished – Held: Those decisions dealt with discharge or different factual matrices – Present case concerns challenge to framing of charge, where presumption and grave suspicion suffice [Paras 32–38].

Witness Conduct and Earlier Statements – Matter for Trial – Delay or reluctance of widow in giving statement and her initial application absolving family members held irrelevant at charge stage – Such inconsistencies to be tested through cross-examination during trial [Paras 40].

Decision – Revision dismissed – Orders taking cognizance and framing charge upheld – Interim order vacated – Observations confined to pre-trial stage and not to influence trial on merits [Paras 41–43].

Banking Law – Foreclosure Charges – MSME Borrower – RBI Circular dated 07.05.2014 – Petitioner, a registered MSME, availed Term Loan and Overdraft Credit facilities – Bank levied foreclosure charges on prepayment of loans – Held: RBI Circular dated 07.05.2014 prohibits levy of foreclosure / prepayment charges on floating rate term loans to individual borrowers – Circular does not distinguish between business or personal loans [Paras 4–6, 11–12].

MSME – Medium Enterprise – Entitlement to Benefit – Bank contended that circular applies only to Micro and Small Enterprises – Reliance placed on Devendra Surana v. Bank of Baroda – Held: Even Medium Enterprises fall within ambit of “individual borrowers” under RBI Circular – No distinction carved out in circular based on size of enterprise [Paras 7, 12].

RBI Directions, 2025 – Prospective Application – Bank relied on RBI (Pre-payment Charges on Loans) Directions, 2025 repealing earlier circulars – Held: As per Clause 3(ii), Directions, 2025 apply only to loans sanctioned or renewed on or after 01.01.2026 – Loans in present case sanctioned on 30.08.2024 – Hence, Directions, 2025 not applicable [Paras 8, 13–14].

Contractual Terms vs Statutory Circular – Supremacy of RBI Directions – Though loan agreement contained clause permitting levy of prepayment penalty, same cannot override binding RBI Circular – Bank’s action in levying foreclosure charges held illegal and arbitrary [Paras 10–15].

Relief – Refund of Amount – Petitioner held entitled to refund of foreclosure charges levied on Term Loan and Overdraft facilities – Bank directed to refund Rs. 7,82,282.02 and Rs. 17,70,000/- within stipulated time [Paras 15–16].

Decision: Writ Petition Allowed – Respondent Bank directed to refund foreclosure charges – Directions issued to comply within two weeks.

Prevention of Money Laundering Act, 2002 – Discharge and Framing of Charge – Scope of Judicial Review – Petitioner, Director of contractor company, challenged rejection of discharge and framing of charge under Section 3 PMLA – Allegations of submission of 26 fake and forged bitumen invoices leading to generation of proceeds of crime worth Rs. 1,08,95,583/- – Investigation revealing receipt, layering and investment of proceeds of crime through subsidiary and associate companies controlled by petitioner – Held: At stage of discharge and framing of charge, court required only to see existence of prima facie material and not conduct a mini trial – Strong suspicion founded on material sufficient to frame charge – No perversity or illegality in impugned orders [Paras 20–21, 56–60, 100].

Money Laundering – “Proceeds of Crime” – Interpretation of Section 2(1)(u) PMLA – Explanation inserted by Act 23 of 2019 – Scope widened to include property directly or indirectly derived or obtained from criminal activity relatable to scheduled offence – Held: Proceeds generated through fake invoices and subsequently invested in subsidiaries constitute proceeds of crime – Identification of exact amount sufficient at prima facie stage [Paras 25–29, 98–100, 114].

Offence under Section 3 PMLA – Continuing Nature – Involvement Not Limited to Predicate Offence – Petitioner not only linked with scheduled offence but also actively involved in acquisition, possession, use and projection of proceeds of crime as untainted – Held: Person need not be named as accused in predicate offence to be prosecuted under PMLA – Knowingly assisting or being party to laundering activity sufficient [Paras 102–108, 112–113].

Criminal Conspiracy – Role of Director – Vicarious Liability under Section 70 PMLA – Evidence showing petitioner as key decision-maker and controller of day-to-day affairs of parent and subsidiary companies – Statements under Section 50 PMLA and documentary evidence relied upon – Held: Prima facie case of consent, connivance and active role established against petitioner as Director [Paras 93–97].

Discharge – Legal Principles – Court Not to Act as Post Office – Defence Not to be Considered – Revisional Court’s Limited Jurisdiction – Held: Revisional jurisdiction cannot be equated with appellate power – Interference justified only in rare cases of patent illegality or jurisdictional error – No ground made out to interfere with rejection of discharge or framing of charge [Paras 117–123].

Economic Offences – Need for Full Trial – Serious Allegations of Money Laundering – Reliance on Supreme Court Precedents – Held: Economic offences having deep-rooted conspiracies and financial ramifications require thorough trial – Discharge at nascent stage impermissible [Paras 115–116].

Decision: Criminal Revision No. 648 of 2025 and Criminal Revision No. 529 of 2025 dismissed – Orders rejecting discharge and framing charge under Sections 3 and 4 PMLA affirmed – Pending interlocutory applications disposed of.

Arbitration – Interim Measures – Section 9 – Attachment Before Judgment – Prima Facie Case Not Made Out – Appellant sought interim protection by attaching 1600 MT of rice and security deposit of USD 296,326.74 for demurrage claims under a charterparty agreement – Learned Single Judge vacated the ex parte order for attachment and directed return of security deposit – On appeal, Division Bench found appellant had not established a strong prima facie case as demurrage was in nature of unadjudicated liquidated damages and no enforceable debt had crystallised – Mere right to sue cannot justify interim relief [Paras 44–51]

Balance of Convenience – Delay in Seeking Relief – Appeal Dismissed – Appellant delayed for 3 years before invoking arbitration and seeking attachment – Delay unexplained – Respondents deposited security promptly and were in ordinary business course – Balance of convenience found against appellant [Paras 52–56]

Asset Dissipation – Allegations Vague – No Evidence of Intent to Defeat Arbitral Award – Court held appellant failed to show specific acts of asset dissipation or imminent risk warranting attachment – Appellant's pleadings lacked material particulars – Interim relief rightly refused by Single Judge [Paras 30, 49, 57–58]

Arbitration Act – Section 37 – Limited Appellate Jurisdiction – Perversity or Arbitrariness Absent – Division Bench held that appellate interference under Section 37 warranted only if Single Judge’s order suffered from perversity, arbitrariness or violation of legal principles – None found – Appeal dismissed [Paras 31, 61–63]

Claim Nature – Demurrage – Not Adjudicated – Right to Damages Not Actionable – Court reaffirmed that until arbitral tribunal adjudicates liability, demurrage claim remains a mere right to sue for damages – Not an actionable debt to warrant pre-award security [Paras 47–50, 59]

Decision: Appeal dismissed – Orders of learned Single Judge upheld – No costs – Pending applications closed.

Civil Law – Declaration of Title – Burden of Proof – Plaintiffs must succeed on strength of own title – Revenue Records Not Proof of Title – Appeal Dismissed – Plaintiffs sought declaration of title over agricultural lands claiming ancestral ownership based on surname “Matam”, cist receipts and pattadar passbooks – Failed to produce any documentary evidence proving title of ancestors – Trial Court rightly dismissed the suit – Held: In a suit for declaration, burden lies squarely on plaintiffs and weakness of defendant’s case is irrelevant [Paras 21–27, 54].

Declaratory Relief – Ancestral Property – Proof of Lineage and Title – Mere resemblance of surname with religious institution insufficient – Plaintiffs failed to establish pedigree linking their ancestors to ownership of suit lands – Claim that “Matam” property is ancestral property rejected [Paras 26, 31, 54(vi)].

Revenue Records – Pattadar Passbooks – Mutation Entries – Legal Effect – Cist receipts and pattadar passbooks are not documents of title – They only raise a presumption regarding possession for fiscal purposes – Cannot be basis for declaration of ownership [Paras 27, 49–53, 54(iii)].

Evidence Act – Section 110 – Presumption of Ownership from Possession – Scope and Limitations – Presumption is rebuttable and applies only when possession is lawful and no title is shown in any party – Where property stands recorded in name of Endowment/Mutt, presumption that possession follows title cannot be invoked to grant declaration [Paras 38–47, 54(iv)–(v)].

Endowment Property – Competing Claim – Mutt as Recorded Owner – Revenue records and settlement registers showed property standing in name of Sri Pothuluri Veera Brahmendra Swamy Mutt – Plaintiffs failed to rebut documentary evidence produced by defendants – Title held to vest in Endowment Institution [Paras 28, 31–33].

Pleadings – Admission by “Pleading Ignorance” – Interpretation – Pleadings must be read as a whole – Defendant’s plea of “not aware” regarding certain revenue actions does not amount to admission of plaintiffs’ title or possession – No deemed admission inferred [Paras 34–36].

Appellate Review – First Appeal – No Error of Fact or Law – Trial Court’s findings based on proper appreciation of oral and documentary evidence – No perversity or illegality shown – No interference warranted in appellate jurisdiction [Paras 54(viii), 55].

Decision: First Appeal dismissed – Judgment and decree of Trial Court affirmed – No order as to costs – Pending miscellaneous petitions closed.