Fair Trial – Right to Legible Copy of Section 164 Statement – The accused sought a legible copy of the victim’s statement recorded under Section 164 Cr.P.C., as the copy provided was illegible – The Special Judge denied the request, suggesting the Magistrate could be summoned to explain the contents during trial – Held: The refusal to provide a legible copy of the 164 statement undermines the accused's right to a fair trial, guaranteed by the Constitution – The accused has a statutory right to use the 164 statement for contradiction during cross-examination – Ensuring a readable copy is crucial for the accused’s defense [Paras 1-5].

Procedure – Issuance of Legible Copy of Section 164 Statement – The court found that the only just course is to provide the accused with a readable copy of the 164 statement before the commencement of the trial – The Special Judge is directed to issue a legible copy, with assistance from the staff of the Magistrate Court if necessary – The trial can then proceed with the assurance that the accused's rights are protected [Paras 6-7].

Decision – Order Set Aside – The impugned order refusing to provide a readable copy of the 164 statement is set aside – The Special Judge is instructed to issue a legible copy within 15 days from the date of receipt of the order – The case is disposed of with these directions to ensure a fair trial [Para 8].

Criminal Law – Dismissal of Discharge Petition in Criminal Revision Case – Petitioners sought discharge from charges of cheating under Sections 420 and 506(ii) IPC, along with conspiracy under Section 34 IPC in relation to a property sale that turned contentious. High Court of Madras examined the circumstances surrounding the execution of the sale and subsequent accusations of failing to vacate property occupiers, concluding that the matter, while having a civil flavor, contained elements justifying the continuation of criminal proceedings. The court found that the allegations, supported by witness statements and documentary evidence, necessitated a full trial to resolve factual disputes, rejecting the discharge petition [Crl.R.C.No.1402 of 2024, Paras 1-10].

Evidence Evaluation – Adequacy of Documentary and Testimonial Evidence – The High Court considered various pieces of evidence including a sale deed stating the property was sold "AS IS WHERE IS," testimonies from auction participants, and bank officials. Despite claims of extensive civil proceedings related to the property, the court deemed the criminal charges warranted further examination at trial, particularly the accusations of failing to vacate property occupiers despite receiving payments purportedly for that purpose [Paras 4-9].

Decision – Denial of Discharge – High Court held that the disputed facts concerning the execution of the property sale and the subsequent civil and criminal complaints necessitated detailed examination at trial rather than at the discharge stage. It emphasized that the intertwinement of civil and criminal elements did not preclude the continuation of criminal proceedings, underscoring the need for a trial to resolve inconsistencies and factual disputes in the case [Paras 10, Judgment dated 04.09.2024].

Criminal Law – Plantations Labour Act Violations – Cognizance of Complaint – Complaint filed against directors and managers of The Bombay Burmah Trading Corporation Limited for non-compliance with provisions under the Plantations Labour Act and Tamil Nadu Plantation Labour Rules regarding the maintenance of labour quarters, provision of potable water, and sanitation. The petitioners challenged the cognizance of the complaint on grounds including the death of two accused, resignation of three others before the alleged violations, and non-inclusion of the company as an accused.

Sanction for Prosecution – Non-Application of Mind – The Court found that the sanction for prosecution was granted without proper application of mind, as it did not consider the replies submitted by the petitioners addressing the alleged violations. Additionally, the complaint was filed beyond the statutory period without justification or reference to the petitioners’ replies.

Proceedings Against Company Officials – Legality – The Court held that the prosecution of directors and managers without arraying the company as an accused is not permissible. It was observed that there were no specific allegations against the petitioners for any individual act warranting their prosecution.

Decision:

Criminal revision petitions allowed. The order of the Judicial Magistrate, Udhagamandalam, taking cognizance of the complaint is set aside. The petitioners are discharged from the case.

Criminal Law - Quashing of FIR - Abuse of Process - The petitioners sought quashing of an FIR registered under Sections 406, 409, 420, 424, and 120B IPC, arguing that the case was a civil dispute wrongfully given a criminal dimension. The court observed that while the power to quash FIRs should be exercised sparingly, the allegations in this case, including those of fraud, breach of trust, and conspiracy, required a thorough investigation. The court refused to quash the FIR, emphasizing that the detailed examination of evidence should occur at trial rather than at the quashing stage. [Paras 41-42].

Judicial Review - Scope of Section 482 Cr.P.C. - The court reiterated that its role under Section 482 Cr.P.C. is limited to ensuring that there is no miscarriage of justice. It should not delve into the merits of the case or evaluate the evidence at this stage. The petitioners were advised to present their arguments during the trial. [Paras 37-38].

Discretion to Quash FIR - Established Principles - Citing precedents like State of Haryana v. Bhajan Lal and Skoda AutoVolkswagen India Pvt. Ltd. v. State of UP, the court reaffirmed that quashing should only be done in exceptional cases where the allegations in the FIR are patently absurd or where the FIR is an abuse of process. [Paras 35-36].

Decision: The petitions seeking to quash the FIR and related proceedings were dismissed. The court held that the investigation and trial should proceed to determine the validity of the allegations. [Paras 43-44].

Criminal Law – Quashing – False Promise of Marriage and Consent under IPC – Case involving allegations against the accused of sexual intercourse based on false promise of marriage, leading to charges under sections 417, 376, and 313 of the IPC – Petitioner's argument for quashing the proceedings on the basis of the voluntary nature of the cohabitation and the absence of deceit at the inception of the relationship was dismissed – High Court held that the question of whether the consent was under a misconception of fact necessitates a full trial to ascertain the intentions of the accused at the time of promise [Paras 1-14].

Evidence and Intent to Deceive – Discussion on legal standards for establishing 'consent under misconception of fact' as per section 90 IPC – Reference to multiple Supreme Court judgments elucidating that consent acquired through a false promise of marriage does not constitute free consent under the penal codes – Emphasis on the need for a trial to examine the evidence and circumstances surrounding the promise and the subsequent consent [Paras 8-12].

Decision – Dismissal of Quashing Petition – The court dismissed the petition for quashing the criminal proceedings, determining that the allegations, supported by statements made to the police and the judicial magistrate, necessitate a thorough examination at trial to assess the veracity and implications of the consent given under the alleged false promise – The application for quashing the proceedings was therefore dismissed, with the case set to proceed to trial [Paras 13-14].

Service Law – Dismissal without Inquiry – Article 311(2)(b) Constitution of India – Dismissal of the respondent from service without holding a departmental inquiry was challenged. The respondent was alleged to have links with extremists during the insurgency in Punjab. The appellants contended that it was not reasonably practicable to hold an inquiry due to threats posed by the respondent’s extremist connections, invoking Article 311(2)(b) – The Court held that the competent authority’s satisfaction regarding the impracticability of conducting an inquiry must be assessed case by case but is generally upheld when it is based on credible evidence of security threats [Paras 11-12, 22-23].

Public Interest and Departmental Inquiry – Justification for Dispensing Inquiry – The Court found that the decision to dispense with the inquiry was based on the respondent’s involvement in extremist activities and intelligence reports indicating security risks. The Court emphasized that departmental inquiries can be dispensed with when it is impossible to secure testimony due to fear or when the accused’s presence poses a security risk to others [Paras 6-10].

Decision: Appeal allowed – The dismissal order under Article 311(2)(b) was upheld, as it was based on sufficient material demonstrating that a departmental inquiry was not feasible in light of the prevailing law and order situation and the respondent’s extremist connections.

Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation – The Trial Court had acquitted the accused, citing lack of corroborative medical evidence, contradictions in witness statements, and procedural lapses in the investigation – The High Court upheld the acquittal, emphasizing that in appeals against acquittal, the presumption of innocence is strengthened, and interference is warranted only when the Trial Court’s findings are patently unreasonable or based on misapprehension of evidence – The High Court agreed with the Trial Court’s assessment that the prosecution failed to prove the case beyond reasonable doubt, leading to the dismissal of the appeal [Paras 1-42].

Evidence Evaluation – The prosecution's case was primarily based on the testimonies of the victim and her parents – The High Court noted significant inconsistencies in their accounts, particularly regarding the circumstances of the alleged crime and the apprehension of the accused – The victim’s father claimed to have forcibly entered the room by breaking open the door, whereas the victim testified that her father entered silently – The Investigating Officer’s (I.O.) testimony contradicted the victim’s account of the presence of a door at the crime scene – The medical examination revealed no injuries consistent with the victim’s allegations, nor was there any forensic evidence, such as spermatozoa, to support the rape claim – The defence argued that the case was a counterblast to another criminal case filed by the accused against the victim’s parents – Defence witnesses testified that the incident stemmed from a property dispute rather than a sexual assault, further casting doubt on the prosecution's case – The High Court held that these contradictions and the absence of corroborative evidence justified the Trial Court’s decision to acquit [Paras 23-40].

Legal Principles – The High Court extensively discussed the principles governing appellate interference in cases of acquittal – Citing precedents, the Court reiterated that in an appeal against acquittal, the appellate court must give due weight to the Trial Court’s findings, particularly when two views are possible based on the evidence – Unless the view taken by the Trial Court is found to be completely untenable or perverse, the appellate court should refrain from substituting its own opinion – The presumption of innocence, already reinforced by the acquittal, could not be overturned in this case, as the prosecution's evidence did not incontrovertibly establish the accused’s guilt beyond reasonable doubt [Paras 16-22].

Decision – Dismissal of Appeal – Held – The High Court dismissed the appeal, upholding the Trial Court’s judgment of acquittal – The judgment emphasized the necessity for clear, consistent, and corroborative evidence in criminal cases, especially when overturning an acquittal – The appeal failed to demonstrate that the Trial Court’s decision was unreasonable or based on a misreading of the evidence, thus the acquittal stood affirmed [Para 42].

NDPS – Acquittal - Non-Compliance with Section 50 NDPS Act – Right to Search before a Magistrate or Gazetted Officer – The appellant was charged with possession of 535 grams of Methamphetamine – He argued that his right under Section 50 of the NDPS Act was violated as he was not properly informed of his right to be searched before a Magistrate or a Gazetted Officer – Held: The court found that the search and seizure process did not comply with the mandatory provisions of Section 50 of the NDPS Act – The appellant was not given a written notice nor was any gazetted officer part of the team – Mere oral intimation was deemed insufficient, rendering the recovery of the illicit article suspect – The conviction based on this search was vitiated [Paras 6-9].

Violation of Section 52-A NDPS Act – Drawing of Samples – The appellant contended that the procedures under Section 52-A of the NDPS Act for drawing samples were not followed, and the samples were not taken in the presence of a Magistrate – Held: The court found a clear violation of Section 52-A of the Act and referred to the Supreme Court's guidelines in Union of India v. Mohanlal – The samples were taken in the hotel room without the supervision of a Magistrate, violating the mandatory process, and weakening the prosecution's case [Paras 12-14].

Statement under Section 67 NDPS Act – Admissibility – The appellant argued that his statement recorded under Section 67 of the NDPS Act was obtained while in custody and was not voluntary – Held: Referring to the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu, the court noted that such statements are in the nature of a confession and are inadmissible if they lead to no recovery – In this case, the statement had no evidentiary value as the recovery had already occurred before the statement was recorded [Paras 10-11].

Decision – Acquittal Due to Non-Compliance – The court held that the prosecution failed to establish the case beyond a reasonable doubt due to the non-compliance with mandatory statutory provisions under Sections 42, 50, and 52-A of the NDPS Act – The conviction and sentence imposed by the trial court were set aside – The appellant was acquitted of all charges, and the fine amount was ordered to be refunded – The appellant was directed to be released forthwith unless required in connection with any other case [Paras 16-17].

Civil Procedure – Partition Suit – Remand – Appeal challenging the remand order in a partition suit where the trial court's judgment was set aside by the District Judge due to non-impleadment of necessary parties and failure to afford them the opportunity to file written statements – High Court upheld the remand order, noting that the impleaded legal representatives were entitled to submit additional written statements appropriate to their status as legal representatives – Appeal dismissed [Paras 1-35].

Amendment of Pleadings – Order VI, Rule 17 CPC – Application for amendment of the written statement was rejected by the trial court for being belated, but the High Court observed that proposed amendments were of a clarificatory nature and legally valid – Amendment should have been allowed to determine the real controversy [Paras 20-25].

Right to File Written Statement by Legal Representatives – Legal representatives of deceased parties should be allowed to file written statements to defend themselves, but without raising inconsistent pleas – Trial court's refusal to permit this was erroneous, leading to the remand order being justified [Paras 30-35].

Decision: Appeal dismissed – Remand order upheld – Trial court directed to expedite proceedings within four months.