Regular Bail – Criminal Conspiracy – Sections 399 and 402 IPC, NDPS Act – Bail Granted – The petitioners were arrested on allegations of being part of a gang involved in criminal activities – The prosecution alleged that a co-accused fired at a police officer, but no injury was sustained – No contraband was recovered from the petitioners – The petitioners had no prior criminal history – The investigation was complete, and charges were framed, but trial proceedings were slow, with only one out of twenty-one prosecution witnesses examined – Held: Continued incarceration would serve no useful purpose, and the trial’s early conclusion was unlikely – Bail granted subject to furnishing bail bonds to the satisfaction of the Trial Court/Duty Magistrate [Paras 5-6].

PIL - Right to Health – Fundamental Right – State’s Obligation – The court reaffirmed the right to health as a fundamental right under Article 21 of the Constitution – Held: Providing adequate medical facilities, staffing, and infrastructure is a constitutional obligation of the state – Directed the State of Karnataka to address the acute shortage of medical personnel and upgrade infrastructure in Primary Health Centres (PHCs) across rural and urban areas – Decision: State authorities directed to implement specific measures and submit progress reports every six months [Paras 6, 7, 10.1].

Healthcare Infrastructure – Vacancies in Medical Personnel – Need for Immediate Recruitment – Highlighted the significant vacancies in posts for medical officers, technicians, pharmacists, nursing officers, and Group-D employees – Held: The State must complete recruitment processes promptly and monitor staffing requirements regularly to ensure uninterrupted healthcare delivery – Decision: Recruitment of all vacant posts to be expedited with a defined timeline and ongoing monitoring [Paras 4.3, 10.2].

Suo Motu Cognizance – Media Report – Judicial Intervention in Public Interest – The court initiated the petition based on a media report highlighting healthcare deficiencies, including shortages in staff and infrastructure – Held: Judicial intervention necessary to ensure the state meets its constitutional duty to safeguard public health – Decision: Petition disposed of with directions to form monitoring committees for sustained implementation of healthcare measures [Paras 1, 2, 10(i)-(vi)].

Healthcare Strategy – Formation of Committees – Monitoring and Coordination – Directed the formation of committees at the state and district levels to oversee the implementation of health initiatives, monitor staffing levels, and propose infrastructural upgrades every six months – Decision: State-level and district-level committees to be formed, with detailed action plans and regular reviews [Paras 10(i)-(iv)].

Budget Allocation – Purpose-Driven Expenditure – Emphasized the need for adequate budgeting and effective utilization of funds for healthcare – Held: Budget allocations must be focused on addressing healthcare infrastructure gaps and operational needs – Decision: Respondents to ensure proper financial planning and efficient spending under healthcare schemes [Paras 5, 10.7].

Judicial Oversight – Compliance Monitoring – Required the State to file periodic affidavits detailing recruitment progress, infrastructural developments, and strategy implementation – Held: Continuous monitoring essential to ensure effective compliance – Decision: Affidavits to be filed every six months, with updates to be placed before the court [Paras 10.5-10.6].
 

Civil Law - Permanent Injunction – Possession and Title – Concurrent Findings – The plaintiff sought a permanent injunction against the defendant, claiming possession and ownership of the plaint schedule property. Both the trial and first appellate courts found that the plaintiff had proven possession and ownership through documentary evidence, including registered sale deeds and a mortgage with the State Bank of India. The courts rejected the defendant’s claim of title to a different property and found no misrepresentation of the suit schedule property. – Held: The plaintiff is entitled to a permanent injunction; appeal dismissed. [Paras 18–21]

Second Appeal – Scope of Section 100 of CPC – No Substantial Questions of Law – The High Court reiterated that it can interfere in a second appeal only when the findings of the lower courts are perverse, based on inadmissible evidence, or contrary to law. The findings of the trial and appellate courts were based on admissible evidence, and the appellant failed to establish any substantial questions of law. – Held: No grounds for interference; judgments of lower courts upheld. [Paras 16–21]

Admissions in Evidence – Boundaries of Suit Property – Defendant’s Admissions Affirm Plaintiff’s Case – The defendant admitted during cross-examination that the boundaries of the plaint schedule property matched the registered sale deed (Ex.A-1), supporting the plaintiff’s possession and ownership claims. These admissions further weakened the defendant's case. – Held: Plaintiff’s evidence corroborated; defendant’s case unsustainable. [Paras 18–20]

Decision: The second appeal was dismissed. The judgments and decrees of the trial court and first appellate court granting a permanent injunction in favor of the plaintiff were upheld.
 

Civil Law - Limitation – Time-barred Claims – Section 31, State Financial Corporations Act – A petition for recovery of dues filed 22 years after foreclosure and 6 years after the last payment without acknowledgment of debt is barred by limitation – Held: The petitioner failed to establish any renewal of guarantees or acknowledgment of debt within the limitation period; claim dismissed as time-barred [Paras 3, 11, 13].

Recovery under Section 31 – Requirements for Mortgage Validity – For invoking Section 31, the petitioner must establish the existence of a validly executed and registered mortgage or hypothecation – Held: The properties of respondents 4 and 6 were not legally mortgaged as the mortgage deed was signed by company directors and not the property owners; hence, the petition is not maintainable [Paras 11, 13].

Competency of Witness – Authorization and Evidence Admissibility – A corporate petitioner must be represented by an authorized officer under a valid Board resolution – Held: The Junior Officer representing the petitioner lacked proper authorization; his evidence was inadmissible, rendering the petition unsustainable [Paras 14, 15].

Breakup of Loan Amounts and Repayment Details – Lack of Specifics – The petition did not provide a clear breakup of the sanctioned amounts, repayments, and interest calculations for term loans and hire purchase loans – Held: The absence of material details and unexplained inflated claim of ₹1842 crores for loans of less than ₹2 crores demonstrates suppression of material facts and renders the claim illegal and misleading [Paras 8-10, 15].

Application of Bankers' Book Evidence Act – Financial statements must comply with the Bankers' Book Evidence Act, including proper certification – Held: The petitioner's financial records were uncertified, and the witness was unable to explain entries or substantiate the claim, rendering the evidence unreliable [Para 15].

Decision: The petition was dismissed as time-barred, unsubstantiated, and devoid of merit. The court held that the petitioner failed to comply with statutory requirements under Section 31 of the State Financial Corporations Act, 1951, lacked proper evidence, and did not establish valid mortgages or guarantees. The inflated claim of ₹1842 crores was also deemed misleading.

Negotiable Instruments Act – Dishonour of Cheque – Compounding of Offence – Effect on Conviction – The petitioner was convicted under Section 138 NI Act for dishonour of a cheque for ₹8,85,000/- – The conviction and sentence were upheld by the appellate court – During pendency of the revision, parties amicably settled the dispute and entered into a Joint Memorandum of Compromise – Held: As the offence under Section 138 NI Act is compoundable under Section 147, the conviction and sentence are set aside – The petitioner is acquitted on account of the compromise [Paras 44-48].

Power of High Court to Compound Offences at Revisional Stage – Scope of Section 147 NI Act – The High Court has the power to permit compounding at any stage of proceedings, including during revision, as Section 147 NI Act overrides Section 320 Cr.P.C. – Judicial precedents support the view that compounding can be allowed even after conviction to meet the ends of justice – Held: The High Court, in exercise of its inherent powers, can permit compounding and quash the conviction [Paras 33-38, 46].

Withdrawal of Deposited Amount – Direction to Trial Court – The petitioner had deposited ₹4,42,500/- before the trial court as part of the appellate process – The respondent is permitted to withdraw the amount with accrued interest, if any, within four weeks [Paras 51-52].

Decision: The Criminal Revision Case is disposed of in terms of the Memorandum of Compromise – The conviction and sentence imposed by the XX Metropolitan Magistrate, Chennai, and confirmed by the V Additional Sessions Judge, Chennai, are annulled – The petitioner is acquitted – The respondent is permitted to withdraw ₹4,42,500/- from the trial court with accrued interest [Paras 48-53].
 

Service Law - Regularization of Contractual Employees – Applicability of 2003 Policy – Employees Entitled to Consideration – Petitioners, engaged on an ad-hoc, daily wage, or contractual basis for over two decades, sought regularization under the 2003 policy – The State argued that the policy was withdrawn in 2007 in compliance with Uma Devi (2006) – However, a 2014 notification restored the benefit to eligible employees who were denied regularization due to administrative reasons – Held: The State is bound by its 2014 notification – Petitioners eligible under the 2003 policy must be considered for regularization within six months – Arrears to be granted from the date of petition filing, without interest [Paras 26-30].

Regularization Under 2011 Policy – Marginal Shortfall in Service Period – Consideration Directed – Petitioners who fell short of the 10-year continuous service requirement by a few months were denied regularization under the 2011 policy – Held: The State should consider condoning shortfall of up to three months, subject to the outcome of pending Supreme Court litigation (SLP (C) No. 18374 of 2022) – If found eligible, petitioners are entitled to arrears from the petition filing date, without interest [Paras 31-34].

Regularization of Employees Already Regularized in 2014 – No Retrospective Benefit – Petitioners who accepted permanent appointments in 2014 after a walk-in interview sought retrospective regularization from 2003 – Held: These employees waived their earlier claims by accepting appointment terms and furnishing affidavits – They cannot now claim retrospective regularization – Relief denied [Paras 35-40].

Application of the Haryana Contractual Employees (Security of Service) Act, 2024 – Petitioners not eligible under 2003 or 2011 policies sought protection under the 2024 Act, which grants security of tenure until superannuation – Held: Petitioners to be considered under the 2024 Act for service continuation and benefits like gratuity and leave encashment [Paras 41(vii)].

State’s 2014 Notification – Inconsistent with Uma Devi (2006) – Requires Review – The Court noted that the 2014 notification contradicted the Uma Devi (2006) ruling, which prohibited backdoor regularization – However, given binding precedents from this Court, relief was granted to petitioners per existing notifications – The State may reconsider the notification’s validity in the future [Para 43].

Decision: No petitioner would be regularized as per the 1996 policy. The respondent shall consider and decide the claim of petitioners, within six months from today, who are claiming regularization as per the policy of 2003. If any of the petitioners is found eligible for regularization as per the policy of 2003, he shall be entitled to arrears from the date of filing the petition before this Court. The arrears shall not carry interest. If any petitioner has already retired, his/her pensionary benefits will also be fixed/revised apart from arrears from the date of filing the petition before this Court. It is made clear that this Court has not declared that the policy of 2003 is applicable to each instrumentality of the State Government. The competent authority of each organization would independently examine this aspect, and the employee would be granted an opportunity of hearing if any adverse opinion is formed.

Criminal Procedure – Recording of Second Statement under Section 164 CrPC – Legal Validity – The prosecutrix's father moved an application for recording her second statement under Section 164 CrPC, claiming that the earlier statement was false and implicating the applicant would amount to abuse of process – Held: While the law permits recording of multiple statements under Section 164 CrPC, such requests must not be used to negate or defeat the earlier statements, especially when not sponsored by the investigating agency – Application dismissed [Paras 6–10].

Section 164 CrPC – Role of Investigating Agency in Requesting Statements – Statements under Section 164 CrPC should ideally be recorded when sponsored by the investigating agency – Allowing unsponsored applications may derail the investigation and result in the misuse of the provision – Magistrates have discretion to reject such applications when unsupported by valid reasons – Held: The Trial Court rightly dismissed the application for recording the prosecutrix’s second statement [Paras 7–9].

Protection of 164 CrPC Statements – Sanctity of Evidence – Safeguards Against Misuse – Recording multiple statements under Section 164 CrPC should be exceptional and subject to proper safeguards – Repeated statements risk diluting the evidentiary value and sanctity of the process – Held: The Court must balance the legal rights of witnesses with the sanctity of investigation – The application for recording a second statement was rightly rejected by the Trial Court [Paras 6–10].

Judicial Caution – Statements Without Investigating Agency’s Sponsorship – Supreme Court Guidance – Following precedents from Jogendra Nahak v. State of Orissa and Ajay Kumar Parmar v. State of Rajasthan, the Court reiterated that Magistrates should exercise caution in recording unsponsored statements under Section 164 CrPC – Held: The Magistrate was justified in rejecting the unsponsored application, as the investigating agency did not support the request for the second statement [Paras 7–10].

Decision: The application under Section 482 CrPC is dismissed. The Trial Court's decision rejecting the application for recording the second statement of the prosecutrix under Section 164 CrPC is upheld. The Court emphasized that statements under Section 164 CrPC must not be misused to negate earlier statements and should be recorded only in exceptional circumstances when supported by the investigating agency [Paras 10–11].

Matrimonial Law - Divorce – Cruelty – Section 13(1)(ia) of the Hindu Marriage Act – The respondent-husband filed for divorce on grounds of cruelty, citing that the appellant-wife displayed unruly behavior, threatened suicide, and created disturbances at the matrimonial home – The appellant denied these allegations and, in turn, claimed that she was subjected to physical abuse and forced to consume poison – The Family Court found that the allegations of cruelty were established and granted divorce – Held: Findings of cruelty by the Family Court were justified based on evidence presented, and no interference is warranted [Paras 2.2, 5-6].

False Allegations – Filing of Section 498-A IPC Case – Impact on Divorce – The appellant filed a criminal complaint under Section 498-A IPC against the respondent and his family after the filing of the divorce petition – The respondent and his parents were acquitted – The High Court, relying on Rakesh Raman v. Kavita (2023 SC) and K. Srinivas Rao v. D.A. Deepa (2013 SC), held that false allegations leading to acquittal amount to mental cruelty, justifying the grant of divorce [Paras 2.2, 6].

Irretrievable Breakdown of Marriage – Long Period of Separation – The parties had been separated for 23 years since 2001, and the marriage had irretrievably broken down – Relying on Savitri Pandey v. Prem Chandra Pandey (2003 SC) and Jorden Diengdeh v. S.S. Chopra (1985 SC), the High Court observed that prolonged separation is a strong indicator of irretrievable breakdown, which is a valid ground for divorce – Held: The appeal lacks merit, as the long separation further justifies the decree of divorce [Paras 7-9].

Alimony – Right of Wife to Withdraw Maintenance Amount – The Family Court had ordered alimony, which was deposited by the respondent – The High Court directed that the appellant-wife is permitted to withdraw the amount from the Family Court, Vadodara – Held: The respondent’s obligation towards alimony remains intact [Para 10].

Decision: Appeal Dismissed – Divorce Granted on Grounds of Cruelty – Wife Permitted to Withdraw Alimony from Family Court – The Family Court’s findings were upheld, as the allegations of cruelty were supported by evidence – The long separation and the false criminal complaint further justified the decree of divorce [Paras 9-10].
 

NDPS - Interim Custody of Seized Vehicle – Confiscation Not Automatic – Section 457 Cr.P.C. – Order Denying Custody Set Aside – The trial court erred in rejecting interim custody of the seized vehicle merely on the ground that it may be confiscated if the offence is proved – Confiscation is subject to trial and can only be ordered upon proof of guilt beyond reasonable doubt – At the interim stage, denial of custody is unjustified [Paras 4-5].

Ownership of Seized Vehicle – Non-Accused Owner Entitled to Custody – No Evidence of Involvement in Crime – The petitioner was the registered owner of the vehicle, with hypothecation to Kotak Mahindra Prime Limited – He was not an accused in the case – Keeping the vehicle unused at the police station or court premises would lead to deterioration – Held, the rightful owner is entitled to interim custody subject to conditions ensuring production of the vehicle when required [Paras 5-6].

Trial Court’s Order – Lack of Proper Legal Reasoning – Erroneous Interpretation of Confiscation Law – The trial court incorrectly presumed that the vehicle would necessarily be confiscated – Confiscation arises only upon conviction, not at the stage of investigation or trial – Held, the trial court’s reasoning was legally flawed, and interim custody should have been granted [Paras 4-6].

Decision: The criminal revision case is allowed, and the trial court’s order is set aside. The trial court is directed to grant interim custody of the vehicle to the petitioner upon execution of a self-bond for the vehicle’s value, as assessed by the Motor Vehicle Inspector, along with two sureties of like amount. The petitioner must also execute an undertaking not to alienate, transfer ownership, or make any physical modifications to the vehicle. Further, the petitioner shall produce the vehicle as and when directed by the trial court until the final disposal of the case.