Criminal Procedure – Preliminary Enquiry – Section 340 Cr.P.C. – Requirement for Enquiry – Petitioner argued that court should have conducted a preliminary enquiry before ordering prosecution under Sections 340 & 344 Cr.P.C. – Court held that preliminary enquiry is not mandatory if the court can form a prima facie opinion – Petition dismissed [Paras 4-39].

Forged Documents – Issuance and False Evidence – Tehsildar's Actions – Allegations of Forgery – Trial court found that petitioner, as Tehsildar, issued a forged patta and provided false evidence – Directions for criminal action justified – Upheld by High Court [Paras 3-39].

Judicial Review – Certiorari and Mandamus – Scope and Limitations – Writ petition to quash order and prevent action against petitioner dismissed – No interference warranted when trial court followed procedure [Paras 7-10].

Decision:

Petition dismissed. Collector, Chhatarpur directed to proceed with actions as per trial court’s recommendations.

Criminal Law – Conviction for Murder – Appellants convicted under Sections 302, 147, 148, 149, and 323 IPC – Based on eyewitness accounts, TIP, and recovery of weapons – High Court upholds conviction, finding no legal infirmity in trial court’s judgment – Evidence sufficiently corroborates prosecution’s case [Paras 1-20].

Eyewitness Testimony – Reliability – Two key eyewitnesses, P.W.1 and P.W.6, provided consistent accounts of the incident – Their testimonies corroborated by medical evidence and recovery of weapons – High Court finds no contradictions or unreliability in their statements [Para 13].

Test Identification Parade (TIP) – Legality and Procedure – TIP conducted lawfully in presence of Magistrate – Accused properly identified by eyewitnesses – High Court dismisses contention of procedural lapses, confirming TIP’s validity [Paras 14-14.2].

Recovery of Weapon – Forensic Evidence – Lathi recovered from appellant Karni Singh found with bloodstains – Corroborates eyewitness testimony and strengthens prosecution’s case – High Court considers recovery as valid evidence [Paras 11.1, 17].

Motive and Intention – Prior Enmity – Prosecution established motive based on prior enmity between parties – Appellants acted with common intention to commit murder – High Court affirms conviction based on motive and cumulative evidence [Para 18].

Decision – Appeals Dismissed – Conviction and sentence upheld – Appellants to be taken into custody to serve remaining sentence – Bail bonds cancelled [Paras 19-21].

Criminal Procedure – FIR Quashing – Section 482 Cr.P.C. – Allegations of dowry harassment and assault – Petitioner claims false implication due to long-standing family estrangement – Court examines specific allegations and finds prima facie case warranting investigation – Application dismissed [Paras 1-18].

Investigation – Role of Accused – Right to Influence – Accused has no right to dictate the manner of investigation – Allegations must be investigated without interference from accused [Paras 13-15].

Natural Justice – Application in Criminal Investigation – Accused not entitled to prior hearing or choice of investigating agency – Consistent view that accused cannot demand specific investigation methods [Paras 24-30].

Decision:

Application for quashing the FIR dismissed. Investigation to proceed.

Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his wife – Prosecution based on circumstantial evidence, including extra-judicial confession and footprints at the crime scene – High Court finds inconsistencies in prosecution's evidence, including contradictions in witness statements and lack of forensic evidence – Conviction quashed due to failure to meet standards for circumstantial evidence [Paras 1-25].

Extra-Judicial Confession – Reliability – High Court notes extra-judicial confession was a weak piece of evidence and recorded after a significant delay – Confession by appellant to relatives of the complainant, viewed as insufficient to sustain conviction [Para 14.1].

Footprints as Evidence – High Court finds no forensic examination conducted on footprints alleged to be of the appellant – Presence of footprints at the crime scene not conclusively linked to the appellant, creating doubt about their reliability as evidence [Para 16].

Motive and Last Seen Theory – Prosecution's assertion of marital discord as motive not substantiated – Alleged "last seen" theory undermined by lack of corroborative evidence – High Court emphasizes need for complete and cogent chain of evidence in circumstantial cases [Paras 19-21].

Decision – Appeal Allowed – Conviction and sentence set aside – Appellant acquitted – High Court directs discharge of bail bonds – Case emphasizes strict scrutiny required for circumstantial evidence to uphold a conviction [Paras 25-26].

Affiliation Fee – Discrepancy in Payment – Petitioner institute applied for annual affiliation for academic session 2024-25 – University’s online portal automatically generated fee details, showing a shortfall of Rs.60 – University demanded penalty equal to the amount of affiliation fee due to the shortfall – Petitioner argued automatic generation of details and non-intentional shortfall – High Court quashes university’s demand for full penalty, imposing a reduced penalty instead [Paras 2-16].

Procedural Fairness – Online Payment System – Petitioner contends that discrepancy arose from university’s online system generating incorrect fee details – High Court finds communication delay by university contributed to issue – Orders reduced penalty in lieu of full amount demanded [Paras 13-15].

Decision – Writ Petition Allowed – Impugned orders quashed – Petitioner to pay Rs.60 shortfall and Rs.1,00,000 penalty – Respondent to grant affiliation if all other requisites are fulfilled – Pending applications disposed of [Paras 16].

Medical Reimbursement – Ayushman Bharat Scheme – Respondent underwent heart surgery and incurred Rs.1,24,000 in expenses at petitioner hospital – Hospital charged respondent as no proof of insurance under Ayushman Bharat Scheme was provided – Post-treatment, respondent submitted requisite documents to District Collector for reimbursement, which was denied – Permanent Lok Adalat directed hospital to reimburse Rs.1,16,420 plus Rs.5000 costs – High Court upholds reimbursement order, quashing cost imposition [Paras 1-14].

Delayed Submission of Documents – Respondent’s family did not submit insurance proof during critical treatment – High Court finds this does not disqualify respondent from benefits under Ayushman Bharat Scheme – Proper documents submitted post-treatment entitles reimbursement – Hospital to seek reimbursement from State Government [Paras 6-13].

Decision – Writ Petition Disposed – Petitioner to reimburse Rs.1,16,420 to respondent within two weeks upon submission of insurance documents – Petitioner to seek reimbursement from State Government within eight weeks – Rs.5000 cost imposed by Lok Adalat quashed [Paras 12-14].
 

Criminal Law – Molestation and Assault – Petitioner, a practicing Ayurvedic doctor, was allegedly molested and assaulted by the accused, Joseph Chacko, within her clinic. The complaint was registered under Sections 354, 294(b), and 323 of the IPC, and Section 4(1)(i) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023, which are non-bailable offenses. The court found prima facie evidence supporting the allegations and emphasized the necessity of the accused’s custodial interrogation for a proper investigation​​ .

Anticipatory Bail – Denial – The court dismissed the anticipatory bail application of the accused, Joseph Chacko, noting that granting such bail would impede the ongoing investigation. The court underscored the seriousness of the allegations and the need for the accused's arrest to facilitate a meaningful investigation​​ .

Investigation – Entrustment to Upright Officer – The petitioner sought the transfer of the investigation to a higher-ranking IPS officer. However, the court observed that the current investigation was progressing appropriately under the existing officer and found no immediate need to transfer the case. The court directed the Investigating Officer to conduct a fair and unbiased investigation .

Decision:

Bail Application No. 3364 of 2024: Dismissed.

Writ Petition (Crl.) No. 385 of 2024: Disposed of with directions for a fair investigation. The petitioner can approach the court again if the investigation appears to be derailed .

Criminal Law – Quashing of Complaint under Section 482 CrPC – Complaint under Section 138 of NI Act – Chief Financial Officer's Liability – Dismissal of Petition

Quashing Petition – Petition filed under Section 482 CrPC for quashing of complaint under Section 138 NI Act against petitioner, Chief Financial Officer of Accused No.1 company – Petitioner contends liability cannot be based solely on being signatory of the cheque – Rejection of petition on grounds of sufficient averments against petitioner being in charge and responsible for conduct of company’s business at the relevant time [Paras 2-7, 15-18].

Liability under NI Act – Supreme Court precedent in S.P. Mani and Mohan Dairy v. Dr. Snehalatha Elangovan emphasized – Persons signing cheque or having authority to sign can be assumed responsible for company’s business – Petitioner's role as Chief Financial Officer and signatory satisfies Section 141 NI Act requirements [Paras 10-12, 15].

Section 28 NI Act Argument – Petitioner's argument based on Section 28 NI Act (agent signing without indicating role) found inapplicable – Complaint correctly framed under Section 141 NI Act, focusing on petitioner’s responsibility and charge over company’s business [Paras 6, 16-17].

Decision – Dismissal of Petition – Held – Petition dismissed with the complaint fulfilling the Section 141 NI Act requirements – No merit in petitioner's submissions, including reference to Sivagurunatha Pillai judgment – No impact on petitioner’s defense in trial court [Paras 17-19].

Murder and Dying Declaration – Acquittal Appeal – State challenged acquittal of accused for murder under IPC Section 302 – High Court upheld acquittal, citing lack of credible evidence and discrepancies in witness testimonies – Emphasized necessity of clear evidence to overturn acquittal [Paras 1-13].

Evidence and Witness Testimony – Prosecution's Failure – Court noted prosecution's failure to present consistent and corroborative evidence – Key witnesses turned hostile, and contradictions in complainant’s statements weakened the case – Dying declaration not considered due to lack of clarity on the deceased’s conscious state [Paras 6-7, 10].

Legal Principles and Standards – Presumption of Innocence – Court reinforced the principle that acquittal should not be overturned unless findings are perverse or manifestly erroneous – Referenced Supreme Court rulings underscoring cautious approach in reversing acquittals [Paras 11-12].

Decision: Appeal dismissed – Acquittal confirmed – Trial court's judgment upheld due to insufficient evidence and contradictions in prosecution’s case [Paras 13].