Criminal Law - Money Laundering - Prevention of Money Laundering Act 2002 - Sections 3 and 4 - Discharge - Petitioner a retired Forest Range Officer accused of amassing assets worth 608 percent of known income - FIR registered by ACB under PC Act for disproportionate assets - ED recorded ECIR and filed prosecution complaint - Petitioner sought discharge under Section 227 CrPC and Section 250 BNSS claiming assets belonged to wife and were from legitimate sources including agriculture and dairy farming - Special Judge rejected discharge application - High Court in revision noted total salary was 57.12 lakhs while assets stood at 4.04 crores - Found specific layering of funds through family bank accounts and investment in real estate named Ashirwaad - Held - prima facie case of money laundering established - no error in trial court order - [Paras 1-119].

Criminal Law - Discharge Principles - Code of Criminal Procedure 1973 - Section 227 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 250 - Scope of judicial mind - Trial court at discharge stage must sift evidence only for limited purpose of finding prima facie case - Not required to conduct mini-trial or evaluate probative value of defense evidence - High Court should exercise self-restraint in revision unless glaring injustice is shown - Held - standard of proof at this stage is ground for presuming commission of offense not ground for conviction - [Paras 46-79].

Evidence Law - Statutory Presumption - Prevention of Money Laundering Act 2002 - Section 24 - Reverse burden - Prosecution established foundational facts showing huge disproportion between known income and acquired assets - Assets quantified as proceeds of crime - Mandatory statutory presumption arises that such wealth is involved in money laundering - Held - burden shifts to accused to prove funds are untainted during trial - cannot discharge this burden at the stage of framing charges by attaching unverified documents - [Paras 5-99].

Criminal Law - Proceeds of Crime - Prevention of Money Laundering Act 2002 - Section 2-1-u - Definition - Explanation added by Act 23 of 2019 - Includes property derived from scheduled offense and property relatable to scheduled offense - Petitioner argued no specific identification of property from criminal activity - Court found cash seizures and construction of residential building from unexplained funds squarely fall under proceeds of crime - Held - wide definition covers properties acquired through misuse of official position - [Paras 31-94].

Criminal Law - Predicate Offence - Prevention of Money Laundering Act 2002 - Section 3 - Survival of proceedings - Petitioner argued wife was exonerated in predicate offence final form - Court noted charge sheet against petitioner in scheduled offence is still alive and pending trial - Held - person need not be an accused in scheduled offense to be prosecuted for laundering - decision not to prosecute wife does not legitimize tainted funds parked in her accounts - [Paras 87-97].

Decision: Revision dismissed – Rejection of discharge application by the Special Judge affirmed – Trial to proceed independently on merits.

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Section 354 - Code of Criminal Procedure 1973 - Section 482 - Petitioner sought to quash criminal proceedings alleging he molested a housemaid by pulling her saree and touching her private parts in his kitchen - Petitioner challenged the FIR on grounds of a 21-day delay - Reliance placed on CCTV footage to argue that the victim was only in the flat for a very brief duration making the incident improbable - Contention that the victim refused to record a statement under Section 164(5A) CrPC thereby vitiating the investigation - High Court emphasized that at the quashing stage the Court cannot conduct a mini-trial or appreciate evidence like CCTV footage in a meticulous manner - Court noted that delay in reporting sexual offenses is common due to social stigma - Held - FIR prima facie discloses the commission of a cognizable offense - Defenses raised by the Petitioner are matters of trial - Petition dismissed - [Paras 1-18].

Criminal Law - Procedure - Code of Criminal Procedure 1973 - Section 164(5A) - Mandatory recording of statement - Petitioner argued that the non-recording of the victim statement under Section 164(5A) was fatal to the prosecution - High Court analyzed the object of the 2013 amendment which aims to protect victims and ensure a fair investigation - Held - Section 164(5A) serves as a protective shield for the complainant and its non-compliance is not fatal to the prosecution - An act of omission by the investigating agency does not entitle the accused to a quashing of the FIR - [Paras 7.3-14].

Criminal Law - Inherent Powers - Code of Criminal Procedure 1973 - Section 482 - Scope of interference - Court reviewed the principles governing the exercise of inherent jurisdiction for quashing criminal proceedings - Held - Powers under Section 482 are extraordinary and must be used sparingly - Court should not embark upon a mini-trial or meticulously examine evidence when the FIR and investigation material disclose a prima facie case - [Paras 11-16].

Decision: Petition dismissed – No case made out for exercise of inherent powers under Section 482 CrPC – Petitioner at liberty to raise defenses during trial.

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138, 118 and 139 - Complainant challenged the acquittal of the accused by the Judicial Magistrate of First Class-II (Mobile) Kottayam - Case involved dishonour of a cheque for Rs. 4,50,000/- dated 09.03.2004 - PW1-complainant admitted during cross-examination that the money was given by his father in five installments - Complainant stated his father maintained a notebook for transactions which was not produced - Complainant lacked knowledge of the repayment period or specific details of the agreement - Accused argued the father was a police officer prohibited from money lending and was intentionally withheld from the witness box - Trial court acquitted the accused finding the complainant failed to prove the case beyond reasonable doubt - High Court noted that for statutory presumptions under Sections 118 and 139 to apply the complainant must prove the transaction and execution in a convincing manner - Held - evidence regarding the transaction and passing of consideration must be provided by a person having direct knowledge - complainant lacked direct knowledge as the transaction was between his father and the accused - failure to examine the father was fatal - acquittal confirmed - [Paras 1-11].

Evidence Law - Direct Knowledge - Negotiable Instruments Act 1881 - Sections 118 and 139 - Presumptions - Complainant sought the benefit of twin presumptions regarding consideration and debt - Evidence showed the loan transaction was handled by the complainant's father and not the complainant himself - Father was not examined and the ledger/notebook recording installments was withheld - Held - evidence of a person who does not have direct knowledge of the transaction or execution is insufficient to prove the case - the initial burden to prove the transaction as a precondition for statutory presumptions was not discharged - [Paras 10-11].

Decision: Appeal dismissed – Judgment of acquittal passed by the Trial Court is confirmed.

Family Law - Declaration of Marriage - Code of Criminal Procedure 1973 - Section 125 - Marital Status - Appellant sought declaration as legally wedded wife and maintenance claiming marriage in 1974 according to Hindu Ezhava rites - Respondent denied marriage and asserted marriage to appellant sister Ragini in 1984 - Family Court found against appellant on marital status and denied CrPC maintenance but granted limited relief under Domestic Violence Act - High Court noted appellant signed as witness to marriage certificate of respondent and Ragini in 1994 - Appellant failed to seek declaration for 23 years after that event and only filed the petition in 2017 - Respondent provided explanation for school records and identity documents listing him as father based on humanitarian support for the children of his sister-in-law - Held - Preponderance of probabilities favors respondent due to appellant conduct and inordinate delay - Presumption of marriage successfully rebutted - Appeals dismissed - [Paras 1-9].

Evidence Law - Burden of Proof - Indian Evidence Act 1872 - Section 101 - Presumption of Marriage - Rebuttability - Appellant relied on passport and school records to prove marriage - Respondent provided unrebutted explanation in proof affidavit that he supported the children out of humanitarian concern and allowed them to use his name for educational and marriage purposes - High Court observed that the appellant was a witness to the respondent marriage with her own sister in 1994 which contradicts her claim of a subsisting marriage - Held - Threshold of balance of probabilities not crossed by the appellant - Long cohabitation presumption cannot stand when the claimant conduct suggests knowledge of a different marital status - [Paras 7-9].

Decision: Matrimonial Appeal and Revision Petition dismissed – Judgment of the Family Court Attingal affirmed.

Criminal Law - Issuance of Non-Bailable Warrant - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 528, 355 and 482 - Petitioner Trinath Guru was granted bail on 23.12.2025 and had furnished bail bonds - On 06.05.2026 the JMFC Lakhanpur issued NBWA against the petitioner for his absence after repeated calls despite service of summons - High Court observed that Section 355 BNSS confers wide discretion to dispense with personal attendance and NBWA is not mandatory - Court noted that under Section 482(3) BNSS the Magistrate should ideally issue a bailable warrant or notice to bailors in the first instance - Held - Liberty of a person cannot be taken away without proper procedure and bail once granted continues until cancelled or set aside - Impugned order quashed - [Paras 1-7].

Criminal Law - Discretion to dispense with attendance - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 355 - Absence of accused during trial - The High Court analyzed the scope of Section 355 BNSS which empowers the Magistrate to proceed with inquiry or trial in the absence of the accused - Held - It is the discretion of the Magistrate to dispense with personal attendance rather than mandatorily issuing NBWA for non-appearance - [Para 5].

Criminal Law - Procedural Safeguards - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Procedure for warrants - The Court emphasized that before resorting to the extreme step of NBWA the Magistrate should consider less coercive measures like issuing notice to bailors or bailable warrants - Held - Impugned order failed to reveal any compelling reason for issuance of NBWA and did not mention notice to bailors making it legally unsustainable - [Paras 5-6].

Decision: Petition allowed – Impugned order dated 06.05.2026 quashed qua petitioner Trinath Guru – Petitioner permitted to continue on previous bail subject to appearing on the next date to regularize proceedings.

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Real Estate Transaction - Complainant and Accused No 3 entered an unregistered agreement of sale with land owners Accused No 1 and Accused No 2 for two acres of land - Partial consideration of seventy lakh rupees was paid - Balance amount was due within two months and ten days as per contractual covenants - Complainant failed to pay balance for eighteen months - Owners subsequently executed sale deeds in favor of third parties including Accused No 5 - Accused No 3 and Accused No 4 signed as witnesses to subsequent sales - Police initially filed final report treating dispute as civil in nature - Magistrate took cognizance under Sections 420 406 and 120-B IPC upon protest petition - Petitioners moved High Court for quashing - High Court found no evidence of efforts by complainant to fulfill payment obligations - Held - Transaction was essentially a breach of contract without dishonest intention at inception - Criminal law cannot be used to settle disputes purely civil in nature - Proceedings in CC No 4196 of 2019 quashed against Petitioners - [Paras 1-51].

Criminal Law - Cheating and Breach of Trust - Indian Penal Code 1860 - Sections 406 and 420 - Mutual Exclusivity - Court examined the ingredients of criminal breach of trust under Section 405 and cheating under Section 415 - High Court relied on Apex Court decision in Delhi Race Club (1940) Limited v State of Uttar Pradesh - Held - Ingredients of Sections 406 and 420 are distinct and mutually exclusive - Cheating requires deceptive intention since inception while breach of trust requires entrustment followed by dishonest misappropriation - Both offences cannot be alleged in the same breath for the same transaction - Absence of entrustment and deceptive inducement at the beginning of the contract precludes criminal liability - [Paras 43-48].

Criminal Law - Inherent Powers - Code of Criminal Procedure 1973 - Section 482 - Stage of Trial - Complainant argued that proceedings should not be quashed as trial had already commenced and reached the stage of marking documents - Court evaluated the scope of inherent powers - Held - Inherent powers can be invoked at any stage to prevent abuse of process of law or to secure the ends of justice if the allegations do not disclose the commission of a criminal offence - Pendency of a civil suit for specific performance regarding the same transaction further reinforces the civil nature of the dispute - [Paras 17, 34, 50].

Decision: Criminal Petitions allowed – Proceedings in C.C.No. 4196 of 2019 against Accused Nos 2 3 4 and 5 are quashed – Pending miscellaneous applications closed.

Writ Law - Interim Custody of Seized Vehicle - Constitution of India - Articles 226 and 227 - Release of Seized Property - Petitioner challenged orders of the LVI Additional City Civil and Sessions Judge and II Additional Metropolitan Magistrate rejecting the interim release of a Maxi Cab Urbana car bearing registration No KA-05-AN-3469 - Vehicle was seized in connection with Crime No 116 of 2024 involving allegations of cheating and impersonation in a property transaction - Courts below rejected release on the ground that the vehicle was allegedly purchased using funds obtained through fraud and was required for identification during trial - Petitioner contended the vehicle was purchased from independent funds and was rotting at the police station for 18 months without use - High Court observed that keeping a vehicle idle causes stagnation and irreversible damage rendering it useless for both the owner and the State - Court relied on Supreme Court precedent emphasizing that public space should not be occupied by seized vehicles and their utility should not vanish - Held - Writ Petition allowed and orders of the lower courts set aside with a direction to release the vehicle to the interim custody of the petitioner subject to furnishing an indemnity bond and fulfilling specified conditions - [Paras 1-9].

Criminal Law - Disposal of Property - CrPC - Sections 451 and 457 - Deterioration of seized assets - Lower courts refused interim custody of vehicle as investigation was pending and ownership of funds used for purchase was disputed - High Court held that courts should not allow seized vehicles to deteriorate in police stations during lengthy proceedings - Ratio decidendi establishes that vehicles must be released on adequate security and conditions to preserve their value and utility regardless of the stage of investigation - Held - Impugned orders set aside - [Paras 7-9].

Decision: Writ Petition allowed – The order dated 19-04-2025 in Crl.R.P.No.610 of 2024 is set aside – Vehicle directed to be released to the interim custody of the petitioner within one week subject to execution of an indemnity bond for the PF value and one surety – Petitioner prohibited from changing the color or number of the vehicle and from transferring it till the conclusion of proceedings.

Criminal Law - Quashing of Proceedings - Maharashtra Control of Organised Crime Act 1999 - Sections 3(1) - 3(2) - 3(4) - 23(1)(a) and 23(2) - Indian Penal Code 1860 - Sections 120-B and 387 - Petitioners challenged MCOCA chargesheet and sanctions arising from FIR registered in 2013 - Allegations involved extortion calls made by gangster Ravi Pujari to Respondent No. 2 to settle disputes over property development rights - Investigation initially resulted in an A-Summary report which was challenged via Protest Petition - Further investigation ordered after Ravi Pujari's extradition revealed witness statements linking Petitioners Sujanani and Vatnani to meetings with the syndicate - Petitioners argued proceedings were maliciously instituted to settle civil disputes and suffered from 9-year delay - Court found that Sujanani and Vatnani had a prima facie nexus with the organized crime syndicate through conference calls and financial dealings - Regarding Petitioner Sawant the court noted his name did not appear in call transcripts or original complaints and was based on unsustainable suspicion - Held - Criminal Writ Petition 622/2024 dismissed as prima facie evidence exists - Criminal Writ Petition 2317/2023 allowed as no material links petitioner to the syndicate - proceedings against Mangesh Sawant quashed - [Paras 1-59].

Writ Law - Quashing under Section 482 CrPC - Scope - Code of Criminal Procedure 1973 - Section 482 - High Court should not conduct a mini-trial or detailed appreciation of evidence at the threshold - Duty of court to see if prima facie case exists - Allegations of mala fides or civil nature of dispute insufficient to quash if ingredients of criminal offence are disclosed - Held - Interference under inherent powers is to prevent abuse of process and not to stifle legitimate prosecution where nexus with crime is shown - [Paras 30-32].

Criminal Law - Extortion - Indian Penal Code 1860 - Sections 383 and 387 - Ingredients - Section 387 deals with putting a person in fear of death or grievous hurt in order to commit extortion - Delivery of property is not a necessary ingredient for Section 387 unlike Section 384 - Legislature criminalized the process/stage before actual commission as a distinct offence - Held - Prosecution under Section 387 is maintainable even if no property was actually delivered - [Paras 51-53].

Evidence Law - Electronic Records - Indian Evidence Act 1872 - Section 65-B - Certificate Requirement - Non-production of 65-B certificate at the stage of filing chargesheet is a curable defect - Certificate can be produced at any stage before the conclusion of trial - Held - Objections regarding delayed submission of 65-B certificate for call transcripts are matters for trial and not grounds for quashing - [Paras 54-56].

Criminal Law - MCOCA Sanction and Delay - Maharashtra Control of Organised Crime Act 1999 - Section 23 - Validity of prior approval and sanction - Delay of 9 years in invoking MCOCA explained by witnesses as due to fear of the gangster - Fear reduced after gangster's arrest and death of associate - Held - Delay in registration or invocation of special statutes is not fatal if reasonably explained - validity of sanction can be tested during trial through examination of sanctioning authority - [Paras 36-40].

Decision: Criminal Writ Petition No. 622 of 2024 is dismissed – Criminal Writ Petition No. 2317 of 2023 is allowed – Proceedings against Mangesh Sawant in MCOCA Special Case No. 298 of 2023 are quashed – Prayer for stay of judgment rejected.

Criminal Law - Issuance of Non-Bailable Warrant - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Petitioner No 2 Trinath Guru challenged the order dated 06-05-2026 passed by JMFC Lakhanpur issuing NBWA due to non-appearance on a scheduled date - Petitioner No 1 Tosharam Naik @ Anish was not pressed and stands disposed - Petitioner was previously granted bail on 23-12-2025 and had furnished bail bonds - Trial Court issued NBWA straight away after repeated calls without considering alternative procedures such as issuing notice to bailers or a bailable warrant - High Court emphasized that liberty of a person cannot be taken away without proper procedure and custody brings significant harassment - Held - Impugned order does not reveal any compelling reason to issue NBWA and fails to stand legal scrutiny - Order quashed - [Paras 1-7].

Criminal Law - Discretion to dispense with personal attendance - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 355 - Attendance of accused - Section 355 confers wide discretion on the Court to dispense with personal attendance of the accused during inquiry or trial - Issuance of NBWA is not mandatory even if the accused is absent on the fixed date - Magistrate has discretion to proceed in the absence of the accused and may direct personal attendance at any subsequent stage - Held - Trial court should have exercised discretion to dispense with attendance rather than issuing coercive process - [Para 5].

Criminal Law - Procedure for Warrants and Continuity of Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 and Section 528 - Bailable Warrants - Section 482-3 of BNSS provides that if a Magistrate decides a warrant should be issued in the first instance it shall be a bailable warrant in conformity with sub-section 1 - General principle of law establishes that bail once granted should continue until it is cancelled or the granting order is set aside - Impugned order did not disclose necessity to issue NBWA or reveal issuance of notice to bailers - Held - The procedure adopted by the learned JMFC was improper and violated the liberty of the petitioner - [Paras 5-6].

Decision: Petition allowed – Impugned order dated 06-05-2026 quashed qua petitioner Trinath Guru – Petitioner allowed to continue on previous bail subject to regularizing proceedings by appearing on the next fixed date.