Criminal Law - Section 210 CrPC – Clubbing of Complaint and Police Case – The petitioners sought quashing of orders, arguing that Section 210 CrPC mandates the clubbing of a complaint case with a police report where both pertain to the same offence – Held: Section 210 CrPC requires the Magistrate to stay the complaint proceedings when an FIR has been registered regarding the same offence. If the police report pertains to the same accused, the complaint case must be clubbed with the police case for a joint trial. The Magistrate must call for the police report and proceed accordingly [Paras 6-7].

Cross-Cases and Judicial Precedent – The petition involved cross-cases arising from the same incident – Held: As per the established practice in cross-cases, both cases should be tried by the same court, with the evidence in each case confined to that particular case. The Sessions Court was correct in declining to club the cases but erred in handling the cross-cases separately instead of following the procedure outlined in Nathi Lal vs. State of Uttar Pradesh, 1990 Supp SCC 145 [Paras 14-17].

Clubbing vs. Joint Trial – The Court clarified that while Section 210 CrPC mandates a joint trial of complaint and police cases, cross-cases should be heard separately, with judgments reserved and pronounced simultaneously. The evidence from one case cannot influence the outcome of the other [Para 12].

Decision: The petition is dismissed. The impugned orders do not suffer from illegality, and the procedure under Section 210 CrPC was correctly followed. The Sessions Judge’s approach in dealing with cross-cases is upheld, but the cases should be tried by the same Judge following the principles set out in Nathi Lal [Para 18].

Writ Jurisdiction – Request for CBI Investigation – Petition Dismissed – Petitioner, Geeta Gandhi, sought the court’s intervention under Article 226 to direct a CBI investigation into the alleged murder of her son, Kartik Gandhi, under mysterious circumstances in Leh – Held: The court found no compelling reasons to transfer the investigation from the Delhi Police to the CBI as there was no evidence to suggest any incompetency on the part of the local police – The petitioner failed to demonstrate any interstate or international ramifications of the case that would justify a CBI investigation [Paras 29, 30].

Allegations of Conspiracy – Lack of Substantive Evidence – The petitioner alleged that her son was murdered under a conspiracy involving several suspects, including Aditya Singh, who accompanied the deceased to Leh – Held: The court found that the petitioner’s claims of conspiracy were based on circumstantial evidence, and the investigation by the Delhi Police was already underway – The petitioner’s request for a CBI probe was rejected, as the allegations did not meet the threshold for transferring the case to a central agency [Para 28].

Judicial Oversight – Section 482 CrPC – Limited Scope – The court reiterated the principle that judicial interference in ongoing investigations should be minimal, especially when the investigation is being conducted by competent authorities – The petitioner had the option to approach the Magistrate under Section 156(3) CrPC for further investigation if required – The court also observed that the petitioner’s claims of a larger conspiracy lacked material evidence to warrant CBI intervention [Para 27].

Decision – The petition was dismissed, with the court holding that the Delhi Police should continue its investigation – The request for CBI intervention was declined, with liberty granted to the petitioner to approach the Magistrate if further investigation is required [Paras 31, 32].

Civil Procedure – Interim Orders – Ex-Parte Status Quo – Order 39 Rules 1 & 2 CPC – The respondent Trust sought an injunction to maintain access for devotees to offer prayers at a temple located on the disputed property – The trial court granted an ex-parte status quo order allowing prayers at the temple, despite pending applications for interim relief – Held: The ex-parte interim order was neither illegal nor perverse, as it aimed to protect the subject matter of the suit pending the disposal of interim applications – The High Court dismissed the appeal, directing the trial court to expedite the decision on the interim applications [Paras 14-20].

Res Judicata – Status Quo and Rights of Devotees – The appellants argued that the status quo order extended by the trial court was unwarranted since the dispute involved multiple suits concerning possession of the land – Held: The issue of devotees' right to offer prayers at the temple was previously addressed by the High Court, which had permitted prayers while directing maintenance of the status quo – The continuation of the interim order was a valid exercise of judicial discretion to safeguard the status quo [Paras 10-12].

Decision: The writ petition and appeal were dismissed – The trial court’s order to maintain status quo and allow devotees to offer prayers was upheld – The trial court was directed to expedite the disposal of the interim injunction applications.

Criminal Law - Confiscation of Vehicle – Lack of Hearing Opportunity – The petitioner, the owner of the confiscated vehicle, challenged the SDM's confiscation order, asserting that he was not granted a reasonable opportunity to be heard, as required by Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 – Held: The SDM failed to comply with the statutory requirement of providing the vehicle owner an opportunity to present his case. The confiscation order was set aside on this ground [Paras 8, 10, 11].

Jurisdiction of Criminal Courts – Powers Under Section 482 CrPC – The petitioner directly approached the Sessions Court and the High Court instead of filing an appeal under Section 17(5) of the Act – Held: The Sessions Court and the High Court, exercising criminal jurisdiction under Sections 397, 401, and 482 CrPC, have the authority to review such orders if the competent authority failed to follow statutory procedures. The remedy under Section 17(5) does not bar the exercise of inherent powers of the criminal courts in such cases [Paras 15, 16, 17].

Violation of Principles of Natural Justice – The Court emphasized the duty of quasi-judicial authorities to follow statutory requirements, especially when confiscating property, and the failure to do so constitutes a violation of natural justice. The confiscation order was quashed, and the vehicle was ordered to be released to the petitioner [Paras 18, 19].

Decision: The petition is allowed, and the confiscation order dated 10.04.2024 is set aside. The petitioner’s vehicle is to be released upon furnishing an undertaking that it will be produced in court if required, and the petitioner is restrained from transferring the vehicle without prior permission from the competent authority [Paras 19, 20].

Civil Procedure – Application for Additional Evidence – Order 18 Rule 17 CPC – Petitioner sought to introduce Jamabandi for the year 2021-22 as additional evidence to rebut the respondents’ claim in a suit involving the validity of a Will – The trial court dismissed the application on the grounds that the proposed evidence was not relevant to the suit property – Held: The court should adopt a liberal approach in allowing evidence that aids in the complete adjudication of the matter – The production of Jamabandi is necessary for a fair decision, and its rejection would unduly prejudice the petitioner’s case – Order set aside, and the petitioner is granted one opportunity to tender the proposed evidence [Paras 7-9].

Wills – Challenge to Will – Additional Evidence – The petitioner challenged the Will dated 05.09.2005 executed by the father of the parties, alleging it was forged – The respondents claimed the Will was valid and that the petitioner had already received his share of the property – Held: The production of the Jamabandi is crucial to contest the respondents' claims and to establish whether the petitioner has already received his share in the property, as claimed by the respondents [Para 4].

Liberal Approach – Additional Evidence in Civil Matters – Courts should not adopt a rigid approach in rejecting additional evidence that may assist in deciding the controversy – Held: Delay in producing additional evidence can be rectified by imposing costs, and the court must prioritize a decision on the merits over technicalities [Paras 8-9].

Decision:

Petition allowed – The impugned order dated 12.09.2024 is set aside – Petitioner is granted one opportunity to tender the proposed evidence (Jamabandi for the year 2021-22) before the trial court, subject to payment of ₹5,000 as costs – Failure to comply with this order will result in the automatic vacation of the relief granted – Respondents may file an application to recall the order within 30 days if unsatisfied [Paras 9-12].

Urban Land Ceiling – Acquisition of Land – Proceedings Quashed – The petitioners, members of Gopal Nagar House Buildings Society, challenged the acquisition of their land under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and exempt from the provisions of the Act. They contended that the authorities failed to issue notice to the society before preparing the draft and final statements under the Act. The court found that the authorities acted in violation of Section 6(2) and Rule 5(2) of the Urban Land (Ceiling and Regulation) Rules by failing to issue notices to the society and its members. Held: The acquisition proceedings were quashed, and the order of the learned Single Judge was upheld [Paras 15, 18, 26].

Delay and Laches – Discretion under Article 226 of the Constitution – The court held that delay in filing writ petitions does not automatically disentitle a party to relief if the matter involves manifest illegality or violation of fundamental rights. In this case, the court found that the delay in challenging the acquisition proceedings was justified due to the continued possession and interest of the society in the land [Paras 32-34].

Final Statement and Possession – Invalidity of Proceedings – The court ruled that the final statement issued under Section 9 of the Act, followed by possession taken under Section 10(5), was invalid because the society and its members were not served with any notice. The subsequent allotment of the land to the Hyderabad Metropolitan Development Authority was also held to be void [Paras 25, 28].

Decision:  The writ appeals filed by the Hyderabad Metropolitan Development Authority were dismissed, and the writ petitions filed by Gopal Nagar House Buildings Society were allowed. The acquisition proceedings under the Urban Land (Ceiling and Regulation) Act were quashed, and the government order allotting the land to the development authority was set aside [Paras 35-38].

Criminal Law - Grievous Hurt – Use of Sharp Weapon – Conviction Upheld – The petitioners were convicted for causing grievous hurt under Section 326 IPC using pick-axes, which inflicted bone-deep injuries – The trial court acquitted the accused based on suspicions around medical evidence, but the appellate court reversed the acquittal – Held: The appellate court correctly appreciated the medical evidence confirming that the injuries were caused by sharp weapons – Conviction and sentence upheld [Paras 18-22].

Credibility of Witnesses – Injured Witness – Conviction Justified – The trial court erred in rejecting the testimonies of the injured witness and eyewitnesses – Held: Testimony of an injured witness carries special weight, and the appellate court rightly relied on the consistent evidence of the prosecution witnesses – Conviction sustained [Paras 26-32].

Injuries Caused by Pick-axe – Medical Corroboration – The medical examination supported the prosecution's case of grievous injury inflicted with a pick-axe – The doctor confirmed that injuries were caused by a sharp-edged weapon – Held: Conviction for causing grievous hurt under Section 326 was justified based on medical corroboration [Paras 18, 44].

Land Dispute – No Defence – The petitioners attempted to argue that the altercation arose from a land dispute and that the complainant was the aggressor – Held: Even if the dispute concerned land, it did not justify the assault – Conviction under Section 341 IPC for wrongful restraint also upheld [Paras 19-22].

Decision – The High Court upheld the conviction and sentence of the petitioners under Sections 326 and 341 IPC. The Court dismissed the revision petitions and confirmed the appellate court's order – No interference was warranted with the lower court’s judgment. The petitioners will serve the sentence as awarded by the appellate court [Paras 44, 45].

Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – Held: Bail granted due to prolonged custody and violation of the Applicant's right to a speedy trial under Article 21 of the Constitution [Paras 17-20, 39].

Conspiracy and Financial Transactions – Circumstantial Evidence – The prosecution alleged that the Applicant played a role in the conspiracy, maintaining financial records and disbursing money to the families of the co-accused. However, the evidence presented was circumstantial, involving entries in diaries and the Applicant’s employment by the principal conspirator – Held: The circumstantial evidence does not conclusively implicate the Applicant in the conspiracy. The prosecution must establish a complete chain of circumstances pointing to guilt, which remains to be proven during trial. Bail granted [Paras 23-28, 39].

Confessional Statement of Co-Accused – Inadmissibility under Section 30, Indian Evidence Act – The prosecution relied on a confessional statement by a co-accused, Rashid Murtaza, implicating the Applicant. As the co-accused had passed away, the statement could not be used under Section 30 of the Indian Evidence Act, which prohibits the use of a co-accused’s confession unless there is a joint trial – Held: Confessional statement inadmissible under Section 30. It cannot be considered against the Applicant, as there is no joint trial. Bail granted [Paras 29-37].

Right to Speedy Trial – Article 21 of the Constitution – The court underscored the Applicant’s right to a speedy trial, as enshrined under Article 21 of the Constitution. Despite the seriousness of the crime, the prolonged pre-trial detention of the Applicant warranted his release on bail. The court cited the Supreme Court's ruling that delays in trial cannot justify continued detention if it infringes the fundamental right to a speedy trial – Held: Bail granted, trial delay violates Article 21 [Paras 18-21].

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 307, 147, 148, 149 IPC and Sections 25, 27 of the Arms Act – Appellants allegedly shot the deceased during a herb-collection trip – Trial court sentenced the appellants to life imprisonment based on confessional statements and recoveries – On appeal, High Court found inconsistencies in witness testimony and procedural flaws in the investigation – Confessional statements were not corroborated, and forensic evidence was inconclusive – Held: Prosecution failed to prove its case beyond reasonable doubt – Conviction set aside and appellants acquitted [Paras 1-63].

Witness Testimony – Credibility of PW11 (eye-witness) – PW11, cousin of the deceased, reported the attack but failed to name the assailants initially – PW11’s conduct raised doubts as he informed a non-relative (Jhalu) instead of the deceased’s family or the police – Inconsistencies in his testimony, such as no injuries despite being beaten, further undermined credibility – Absence of corroborative testimony from key witness (Jhalu) and delay in reporting the incident to police weakened the prosecution’s case [Paras 26-34].

Identification Parade – Test Identification Parade (TIP) – No TIP was conducted despite PW11’s initial claim of not knowing the assailants – High Court held that identification during the trial was unreliable, especially as there was no record to show the accused were kept muffled – Conviction based on such vague identification without a TIP is unsustainable [Paras 35-40].

Disclosure Statements – Alleged Recovery of Body – High Court questioned the credibility of disclosure statements leading to the recovery of the deceased’s body – Contradictory testimonies from witnesses (PW13, PW15) regarding the location and timing of the disclosures – Recovery of the body was not conclusively tied to the appellants, leading to doubt over the veracity of the prosecution’s case [Paras 41-53].

Forensic Evidence – Ballistics Report – The prosecution’s ballistic evidence was found inconclusive – Initial ballistic report did not definitively match the cartridges to the weapon recovered – Subsequent reports were also ambiguous, and the ballistic expert was not examined – High Court held that the trial court erred in relying on weak forensic evidence [Paras 73-75].

Decision: Appeal allowed – Conviction and sentence under Sections 302, 307, and related IPC sections, along with Arms Act, set aside – Appellants acquitted – Appellants to be released immediately if not required in any other case [Paras 76-78].