Non-Lodging of FIR – Remedy Available under Section 156(3) CrPC – Writ of Mandamus Denied

The petitioner filed a writ petition seeking a mandamus to compel the police to lodge an FIR regarding a complaint dated 25.09.2024, as no action had been taken by the authorities. The court referred to the judgment in Lalita Kumari vs. Government of U.P., which emphasizes the duty of the police to register an FIR if a cognizable offence is disclosed. However, the court held that since the petitioner had an alternate remedy under Section 156(3) CrPC or Section 200 CrPC, a writ of mandamus could not be granted unless the exceptions outlined in Whirlpool Corporation vs. Registrar of Trade Marks applied. The court directed the petitioner to pursue remedies available under CrPC – Petition dismissed.

Criminal Law – Quashing - Forgery and Cheating – Non-compliance with mandatory provisions – Section 156(3) of CrPC – Quashing of Proceedings - Petitioners challenged the criminal proceedings initiated under Sections 420, 465, 467, 468, 469, and 471 of the IPC, arguing non-compliance with Sections 154(1) and 154(3) of the CrPC during the filing of the complaint under Section 156(3) – Held: The mandatory requirements of prior applications under Sections 154(1) and 154(3) were not met, as required by the precedent set in Priyanka Srivastava v. State of U.P. – Thus, the criminal proceedings were quashed for non-compliance with these provisions [Paras 1-3, 8-10, 20-21].

Affidavit Requirement under Section 156(3) CrPC – Legal Compliance - The Court reiterated that applications under Section 156(3) must be supported by a sworn affidavit, as highlighted in Priyanka Srivastava – In the present case, no such affidavit was filed, leading to the quashing of the complaint [Paras 15, 18-19].

Retrospective Application of Priyanka Srivastava Guidelines – Clarification - The petitioner’s counsel argued that the Priyanka Srivastava guidelines do not apply retrospectively – Held: The provisions in question were codified long before the petition was filed, and the judgment merely reaffirmed existing requirements – Hence, the argument of non-retrospective application was dismissed [Paras 12-14, 16].

Quashing of Criminal Proceedings – Abuse of Process - The Court found that continuing the proceedings without compliance with the statutory provisions would amount to an abuse of process – Thus, the criminal proceedings were quashed [Paras 22-23].

Constitutional Law – Right to Life – Infringement – Petitioner sought assistance for the installation of electricity at a rented garage space for a commercial venture – Private respondents obstructed the installation in violation of the Executive Magistrate’s order under Section 144(2) Cr.P.C – The Court held that such actions infringed upon the petitioner’s fundamental right to life under Article 21 of the Constitution, which includes access to essential services like electricity – Police authorities were negligent in failing to act on the Magistrate's directive, thereby further violating the petitioner’s rights .

Contempt of Court – Obstruction of Essential Services – The private respondents incited other residents to prevent the installation of the electric meter, directly violating the Magistrate’s order – The Court observed that this conduct amounted to contempt of court – Directed the police to ensure full compliance with the order and to provide protection to the CESC personnel during the installation process, without any further interference from the respondents .

Civil Dispute – Lease Agreement and Usage – The private respondents contended that the petitioner’s use of the garage for commercial purposes violated the terms of the lease agreement, which was intended for garage use only – The Court held that such claims were unrelated to the issue of electricity installation and should be resolved in a separate forum – Regardless of the civil dispute, the obstruction of essential services was deemed unlawful .

Decision: Writ petition allowed – The Court directed the police authorities to assist in the immediate installation of the electric meter and ensure there is no further obstruction by the private respondents.

Tenancy Rights – Section 5(11)(c) Bombay Rent Act – Claim of Tenancy by Family Member – Plaintiff’s Status as Tenant Rejected – The applicant claimed tenancy rights under the Bombay Rent Act as a family member of the deceased original tenant, Ms. Dinamai Rustomji Master, asserting residence since 1974 – The trial court accepted the claim, but the Appellate Bench reversed this decision, concluding that the applicant had not proved either a close familial relationship or residence in the suit premises over a substantial period – Held: The applicant failed to provide sufficient evidence of being a family member or residing with the deceased tenant for a significant duration, as required under Section 5(11)(c) of the Bombay Rent Act – Mere entry in ration card and the codicil were insufficient to prove tenancy rights [Paras 19-27, 32-35].

Family Definition under Rent Control Legislation – Broad vs. Narrow Interpretation – The applicant’s contention for a broad interpretation of "family" under Section 5(11)(c) was dismissed – The court clarified that distant relatives must provide substantial evidence of residence and family ties to claim tenancy rights under the Act – A distant relation or brief stay shortly before the tenant’s death does not suffice [Paras 30-34, 37].

Failure to Prove Close Relationship – Inconsistent Evidence – The applicant’s claim of being a nephew of the deceased tenant was found inconsistent and unsupported by evidence – The court observed that the relationship was revealed late in cross-examination, weakening the credibility of the applicant's assertions – Held: The onus to prove a family connection was not discharged, and the claim of tenancy was deemed an attempt to inherit tenancy rights contrary to legislative intent [Paras 25-29, 40-41].

Legislative Intent – Protection of Immediate Family from Eviction – The court emphasized that the Bombay Rent Act's provisions aim to protect immediate family members from homelessness after the tenant's death, not to facilitate the transmission of tenancy rights to distant relatives or unrelated individuals through strategic residence claims [Paras 42-45].

Decision: Civil Revision Application was dismissed – The court upheld the decision of the Appellate Bench of the Small Causes Court, denying the applicant’s claim of tenancy – The Civil Application was also disposed of accordingly [Paras 50-52].

Specific Performance – Validity of Sale Agreement – Exhibit A1 - The appellants contended that Exhibit A1 (the sale agreement) was forged and fraudulently created using signed blank papers handed over to the plaintiffs as security in a loan transaction – Held: The appellants did not dispute the execution of Exhibit A1 or the receipt of Rs.700,000/- as part of the sale consideration – The alignment of signatures on the agreement suggests that the appellants’ claim of signing blank papers is improbable – Decision: The court found no reason to doubt the validity of Exhibit A1 [Paras 10-15, 18].

Advance Sale Consideration – Plaintiffs' Payment of Rs.5,200,000 - The plaintiffs paid Rs.5,200,000/- as advance consideration towards the purchase of the property, but the defendants failed to perform their part of the contract – Held: The plaintiffs’ payments were sufficiently evidenced, and the court dismissed the defendants’ claim that the payments were made for a different transaction – Decision: The payment of Rs.5,200,000/- was valid [Paras 16-19].

Attachment of Property – Sale Deed Execution Refused by Sub-Registrar - The defendants claimed that the sale deed could not be registered due to the property being under attachment – Held: The defendants' appeal against the Sub-Registrar’s refusal to register the deed further supports the plaintiffs' case that the sale deed was prepared for valid consideration – Decision: The refusal by the Sub-Registrar does not affect the plaintiffs' claims for the return of advance consideration [Paras 20-22].

Counterclaim Dismissed – Fraudulent Creation of Agreement – Rejected - The defendants’ counterclaim that the sale agreement was fraudulently created was rejected by the trial court, and there was no challenge against this dismissal – The appellate court also found no valid grounds to disturb the trial court's findings – Decision: Counterclaim dismissed, trial court’s judgment upheld [Paras 24-26].

Bail Application – NDPS Act – Commercial Quantity of Narcotics – Section 37 NDPS Act – Bail Rejected - Section 50 Compliance – Non-compliance Alleged – The petitioner, a 71-year-old citizen of Belize, sought bail under Section 439 of CrPC, arguing non-compliance with Section 50 of the NDPS Act – Alleged that he was not informed of his right to be searched before the nearest Gazetted Officer or Magistrate – Petitioner further raised discrepancies in the weight of the recovered contraband (9.950 Kg initially, 9.959 Kg later) and delay in sampling – High Court dismissed the bail application, holding that minor discrepancies in weight were immaterial and non-compliance with procedural guidelines under Section 52-A does not invalidate the trial [Paras 1, 5, 11, 13].

Contraband Recovery – Commercial Quantity – Heroin weighing 9.950 Kg recovered from the petitioner’s bag at the IGI Airport – The petitioner’s claim of false implication due to the presence of a pre-generated case number was rejected by the Court – The Court found no manipulation in the recovery process, holding the contraband seizure to be lawful and sufficient evidence under NDPS Act [Paras 6, 12, 14].

Application of Section 50 NDPS Act – Personal vs Baggage Search – The petitioner argued that Section 50 compliance was necessary, as the contraband was recovered from his baggage – The Court held that Section 50 applies to the search of a person, not baggage, following precedents set by Pawan Kumar vs. State of HP and other cases – No violation of Section 50 was found, as the search was conducted on the petitioner’s baggage in a public place [Paras 13, 18, 19, 23].

Section 37 NDPS Act – Commercial Quantity and Bail Conditions – The High Court ruled that the commercial quantity of heroin attracts the embargo under Section 37 of the NDPS Act, which imposes strict conditions for granting bail – The petitioner could not demonstrate that he was not guilty or that he was unlikely to commit the offence if released – The Court emphasized that heroin, a highly addictive opioid, presents a severe threat to public health, further justifying denial of bail [Paras 25, 29, 32].

Decision: Bail application dismissed – Court held that no grounds were made for granting bail, considering the commercial quantity of heroin and the petitioner's potential flight risk as a foreign national – The trial court was directed to expedite the trial [Paras 33, 34].

Education Service – Appointment of Principal – Requisition Sent to Board – The petitioners challenged the transfer orders appointing other individuals as Principals in intermediate institutions – The petitioners contended that once the requisition for appointment had been sent to the U.P. Secondary Education Service Selection Board in accordance with Rule 11(4) of the 1998 Rules, the vacancy could not be filled by transfer – Held: Once requisition for a post is sent to the Board, the vacancy cannot be filled by transfer – The saving clause in Section 31(2) of the 2023 Act protects actions taken under the 1998 Rules, and the vacancies must be filled through the selection process initiated by the Board [Paras 19-24].

Saving Clause – Section 31(2) of the 2023 Act – The respondents argued that the transfer was permissible under the 2023 Rules, specifically relying on Rule 28(5), which allows for a single transfer in special circumstances – Held: Section 31(2) of the 2023 Act, being a saving clause, preserves actions taken under the 1998 Rules, including the requisition sent to the Board – Transfers cannot override the selection process already initiated under the 1998 Rules [Paras 22-25].

Appointment Process – Role of Management – The management’s authority to appoint by transfer ceases once the requisition is made to the Board – The court emphasized that the process of determining vacancies and notifying them to the Board is mandatory, and once the Board is notified, the management cannot alter the process or make appointments through transfer [Paras 16-18].

Decision – Writ petitions allowed – The transfer orders dated 28/06/2024 are set aside – The posts of Principal must be filled through the selection process under the Rules of 1998 as protected by Section 31(2) of the 2023 Act [Paras 26-28].

Murder – Criminal Liability – Conviction for Murder under Section 302/34 IPC – Life Imprisonment – The appellants were convicted for the murder of the deceased, who was assaulted with a knife – The primary appellant, Diplal Rai, was found guilty beyond reasonable doubt based on consistent eyewitness accounts from the deceased’s daughters (P.W.-3 and P.W.-5) – The court upheld his conviction and life sentence – However, co-appellants Anil Rai and Krishna Rai were acquitted due to insufficient evidence linking them to the actual assault, as there was no clear role attributed to them in causing the fatal injuries [Paras 20, 33-36].

Eyewitness Testimony – Credibility of Family Members as Witnesses – Testimony of the daughters of the deceased was held reliable and consistent with the medical evidence – The court reiterated that family members' testimony cannot be disregarded solely on the basis of their relationship with the victim, especially when corroborated by material evidence [Paras 19, 22, 23].

Benefit of Doubt – Acquittal of Co-Accused – The co-accused, Anil Rai and Krishna Rai, were acquitted as the evidence failed to conclusively prove their involvement in the fatal assault – Minor discrepancies in the testimonies did not amount to falsity, and the benefit of doubt was given to these appellants [Paras 28, 35].

Compensation – Victim Compensation Scheme – The court upheld the trial court’s direction to provide compensation to the widow and daughters of the deceased under the Bihar Victim Compensation Scheme, 2014 – Compensation was ordered to be paid within two months by the Siwan District Legal Services Authority [Paras 45, 46].

Decision: The appeal by Diplal Rai (Cr. Appeal (DB) No. 1241 of 2019) was dismissed, and his conviction and life sentence were upheld.

The appeals by Anil Rai and Krishna Rai (Cr. Appeal (DB) No. 1152 of 2019 and Cr. Appeal (DB) No. 1171 of 2019) were allowed, and they were acquitted of all charges.

The Siwan District Legal Services Authority was directed to pay compensation to the victims (the widow and daughters of the deceased) within two months.

Service Law – Compulsory Retirement – Departmental Inquiry – Petition Dismissed – The petitioner, a Bulldozer Operator, was compulsorily retired following a departmental inquiry for misbehaving with committee members during an interview process, being intoxicated during work hours, and other charges – On appeal, the dismissal was converted into compulsory retirement – The Court upheld the order, noting that the inquiry was conducted per the rules and natural justice principles, and all dues had been released to the petitioner [Paras 7-12].

Judicial Review – Limited Scope – Court Not an Appellate Authority – The Court reiterated that in disciplinary matters, the scope of judicial review is confined to ensuring compliance with procedural rules and natural justice – The Court cannot reappreciate evidence or interfere with factual findings unless they are perverse or based on no evidence [Paras 9-13].

Decision: The writ petition was dismissed as the order of compulsory retirement was found to be valid, and all admissible dues had been released.