Criminal Revision - vehicle seized in a theft case - Background and Filing of Revision Petition – The petitioner's lorry was seized in connection with a stone theft case (Crime No. 146 of 2023) - Petitioner, being the owner, sought the vehicle's return under Section 451 Cr.P.C. - Challenged the conditions imposed by the Principal District and Sessions Judge, Karur, in Crl.M.P.No.1499 of 2023 dated 19.09.2023, specifically the deposit of Rs.1,00,000. [Para 1-4]

Grievance of Petitioner – Petitioner's dependency on the lorry for livelihood - Inability to deposit Rs.1,00,000 due to financial constraints - Only challenging condition No.1 regarding the deposit amount. [Para 4-6]

Court’s Observation and Decision – Acknowledging the petitioner's livelihood dependence on the vehicle and his financial hardship - Modification of the condition to reduce the deposit amount to Rs.50,000 - Order of the Principal District and Sessions Judge partly modified - Other conditions remain intact. [Para 7-8]

Writ - Challenging of Rejection Order – Petitioner filed writ petition challenging the refusal by the first respondent to grant permission for conducting Bhajan and Annadhanam on 22.01.2024 at KKR Kalyana Mandapam – Subsequent grant of permission by the first respondent presented before the Court [Paras 1, 3].

Government and Police's Stand on Permissions – Court sought clarification on the policy for granting permissions for functions and Annadhanams – Permissions not required for events in private spaces like mandapams or private temples – Necessary to inform police for events with potential public spill over – Conditions for events in temples controlled by HR & CE Department – Police discretion in sensitive areas to impose restrictions [Para 6].

Directions and Observations – Court directed that Bhajans, Rama Nama utterances, and Annadhanams are not prohibited or restricted – Emphasized the need for responsible conduct without causing law and order problems – Misinformation to be avoided – Bhakti towards God highlighted as a means for peace and happiness, not disturbing societal equilibrium [Para 7].

Disposal of Writ Petition – Writ petition disposed with the above directions – No costs imposed – Connected miscellaneous petition closed [Para 8].

Dishonor of Cheque – Conviction under Section 138 of N.I. Act – Accused issued a cheque for Rs. 66,000/- towards repayment of borrowed money, which was dishonored due to insufficient funds – Complaint filed under Section 138 of N.I. Act. [Para 3]

Trial Proceedings – Evidence and Verdict – P.W.1 (complainant) examined, and documents Ex.P.1 to Ex.P.10 marked – Trial Court convicted the accused, sentencing to simple imprisonment and fine – Accused's plea of not guilty and claim for trial noted. [Paras 4-6]

Appellate Court's Decision – Dismissal of Criminal Appeal No. 7 of 2008 – Confirmation of conviction and sentence by Additional Metropolitan Sessions Judge, Visakhapatnam. [Para 7]

Revision in High Court – Arguments and Analysis – Defense’s argument of insufficient evidence and improper evidence examination – High Court's examination of trial and appellate court's decisions and evidence – Reiteration of the legally enforceable debt and the dishonor of the cheque. [Paras 8-14]

Judgment Confirmation – High Court's Decision – Dismissal of Criminal Revision Case – Confirmation of judgment dated 16.02.2010 in Criminal Appeal No. 7 of 2008 – Conviction and sentence upheld. [Para 17]

Directions for Compliance – Registry directed to certify order to trial court for carrying out the sentence – Record and order to be forwarded to the trial court. [Paras 18-19]

Conviction for Offence under Section 304-A IPC – Petitioner, G. Somasekhar Reddy, driver of Diesel Auto, convicted for causing death by rash and negligent driving – Accident resulted in one fatality and multiple injuries – Conviction and sentence by trial court and confirmed by Additional Sessions Judge upheld. [Paras 1, 3, 7, 17]

Prosecution's Case – Accident on 29.11.2006 with overloaded auto, resulting in it turning turtle due to rash driving – Death of one and injuries to several passengers – Testimonies of injured passengers (LWs) and forensic evidence confirm prosecution's case. [Paras 3, 13, 14, 16, 17]

Evidence and Witness Testimonies – Reliance on testimonies of injured passengers – No dispute over identity of accused as the driver during the accident – Accused's denial of rash driving not accepted by Court. [Paras 14, 17, 18]

Application of Legal Principles – Judgment based on facts established by witness testimonies and forensic evidence – Consideration of accused's overloading of vehicle and consequent rash driving leading to the accident. [Paras 13-17]

Decision – Criminal Revision Case dismissed – Conviction and sentence for offence under Section 304-A IPC confirmed – Directions for execution of remaining sentence. [Para 19, 20]

Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras 1, 6, 7]

Judicial Process – Sanction for Prosecution – Necessity of sanction for prosecution in corruption cases – Competent authority's refusal to grant sanction negates jurisdiction for cognizance of offense – Importance of sanction in determining the course of prosecution and implication of complainant. [Para 6]

Evidence – Phenol Phthalein Test – Use in corruption case to establish receipt of bribe – Change of solution color to light pink indicating accused's contact with currency notes treated with phenanthrene powder – Role in establishing occurrence of bribery despite absence of sanction for prosecution. [Para 6]

Decision – High Court's quashing of proceedings for want of sanction and lack of false information by petitioner – Reiterates importance of sanction in corruption cases and safeguards against wrongful prosecution of complainants. [Para 7]

Bail Application – NDPS Act – Petitioner seeking bail under Section 439 CrPC for alleged violation of NDPS Act – Commercial quantity of contraband involved – Previous criminal history considered. [Para 1-4, 7-8]

Judicial Discretion in Bail – Criminal History Relevance – Criminal history to include only cases with convictions or pending FIRs where accused is arraigned – Acquittals, discharges, quashed FIRs, withdrawn prosecutions, or closed cases not to be included. [Para 6]

Bail Conditions – NDPS Act – Rigorous Section 37 NDPS Act requires satisfaction of twin conditions for bail – Need for substantial probable cause for believing accused is not guilty – Role of the court in assessing the likelihood of the accused not committing the offence while on bail. [Para 11-12]

Disclosure Statements – Reliability and Admissibility – Skepticism over reliance solely on disclosure statements for implicating accused – Reference to Tofan Singh v. State of Tamil Nadu regarding inadmissibility of confessional statements under Section 67 of NDPS Act. [Para 10, 14]

Bail Granted – Stringent Conditions Imposed – Petitioner granted bail subject to multiple stringent conditions, including personal bond, surety, restrictions on SIM cards, and surrender of weapons – Conditions tailored to prevent recurrence of offence and ensure trial attendance. [Para 13, 15-26]

Bail Order – Dynamic Applicability – Provisions for adjusting bond amount and modifying bail conditions in case of changed circumstances or hardship to the petitioner – Ensuring balance between individual rights and trial fairness. [Para 28]

Challenge to Order Declining Rejection of Plaint – The petitioner sought rejection of the plaint for recovery of Rs. 19,20,000 due to initial insufficiency of court-fee and alleged delay in making up the deficiency, contending the claim became time-barred – Original plaint filed with Rs. 50 court-fee, with a promise to pay the remaining Rs. 47,550 later – The trial court declined the rejection. [Paras 1-2]

Submission of Court-Fee – The plaintiff filed the required court-fee on 02.08.2023, after the initial insufficiency – This act was in response to the defendant's application for rejection of the plaint under Order 7 Rule 11 CPC, arguing the required court-fee was Rs. 1,00,100 and the delay rendered the suit time-barred. [Paras 2, 4]

Application of Section 149 CPC – Even though the plaintiff didn’t specify the legal provision under which the additional court-fee was submitted, the action aligns with Section 149 CPC – The Supreme Court's precedent suggests that non-mentioning of a specific legal provision doesn’t invalidate an action if the jurisdiction to act is established. [Para 5]

Provision of Order 7 Rule 11 CPC – Clauses (b) and (c) address rejection of plaints for court-fee issues – The plaintiff's submission of the deficit court-fee prior to any court order for correction negates the grounds for plaint rejection under these clauses. [Para 6]

Maintainability of Revision-Petition – The Supreme Court in Sri Rathnavarmaraja vs. Smt. Vimla observed that the issue of proper court-fee is primarily between the plaintiff and the State – The defendant does not have the right to appeal or seek revision against the order regarding court-fee payment. [Para 7]

Precedents' Applicability – Cited judgments (P.K. Palanisamy and K.C. Skaria) don’t support the defendant’s position – The plaintiff did not seek an amendment to increase the claim, nor was such an increase evidenced during the trial, differentiating from the circumstances in K.C. Skaria. [Para 8]

Decision: Revision-petition dismissed due to lack of illegality, irregularity, infirmity, or perversity in the impugned order.

Petition for Quashing Complaint and Proceedings – Section 482 Cr.P.C. – Petitioners challenging Complaint No.1368 of 2014 and related orders for alleged tax evasion under Sections 276C and 278B of the Income Tax Act, 1961 – Argument of petitioners centered on no evasion of tax, only delayed payment with interest [Paras 1, 10].

Facts of the Case – Assessment Year 2012-13 – Petitioner No.1, a company, filed income tax return with self-assessment of tax pending – Tax paid with interest after the due date – Prosecution initiated for alleged tax evasion [Paras 2-8].

Legal Contentions – Petitioner's Argument: No willful evasion of tax, only delay in payment – Relied on judgments to argue that delay in tax payment does not amount to evasion – Respondent’s Argument: Willful evasion of tax, causing loss to the department [Paras 10-11].

Legal Analysis and Precedents – Examination of Section 276C of the Act – Reference to various High Court judgments emphasizing that delayed tax payment does not constitute tax evasion if the tax is ultimately paid [Paras 13-14].

Decision – Complaint and Proceedings Quashed – Court finds no evasion of tax, only delayed payment with interest – Held that delayed payment does not amount to tax evasion as per settled legal principles – Complaint No.1368 of 2014, order dated 20.08.2018, order dated 06.09.2018, and all consequential proceedings quashed [Para 16].

Criminal Law - SCST Act – Acquittal -  Factual Background and Conviction by Trial Court – Hari Singh was convicted under Section 3(1)(x) of the SC/ST Act for insulting Dhanna Singh, a person of Scheduled Caste, during a panchayat meeting on 20.07.2000 – Conviction based on statements from PW1, PW2, and PW3, who alleged derogatory caste-related remarks were made by the appellant and others – Trial court sentenced the appellant to six months rigorous imprisonment with a fine. [Para 1, 2, 5, 14]

Appeal Grounds and Contentions – Appellant claimed false implication, delay in complaint filing, lack of independent corroboration, and argued that the witnesses were biased or unreliable – Challenged the credibility of the prosecution’s witnesses and highlighted absence of independent corroboration. [Paras 16, 17]

High Court's Analysis and Decision – Acquittal - High Court observed lack of evidence to prove appellant used caste-related derogatory remarks – Noted inconsistencies and lack of independent corroboration in witness testimonies – Found delay in filing complaint unexplained – Acquitted appellant due to failure of prosecution to prove the case beyond reasonable doubt. [Paras 20-24]