Service Law - Maintainability of Writ Petition – Recruitment Process of Central/Delhi Government – Jurisdiction under Article 226 barred by Section 14 of Administrative Tribunal Act, 1965 – Petition not maintainable in High Court .

Petitioner's Circumstances – Cleared Tier-I and Tier-II examinations – Missed deadline for renotified examination following Supreme Court order dated 03.03.2021 in Sachin Kumar and Others vs. DSSSB and Others – Request for transfer to Central Administrative Tribunal to avoid delay.

Transfer of Petition – High Court considers appropriate to send the petition to Central Administrative Tribunal, New Delhi – Re-identification as an original application in accordance with regulations – Request for expedited hearing on 23.01.2024 . Disposal of Petition – With directions, petition disposed of by the High Court

Maintenance and Domestic Violence – Wife filed a complaint under Section 12 of DV Act against Husband alleging domestic violence – Trial Court granted maintenance of Rs.1,00,000/month and Rs.5,00,000 compensation – Appellate Court set aside this, remanding the case back to the Trial Court for re-trial without specific findings on key issues – High Court found this approach erroneous and set aside the remand order. [Paras 1-3, 11-12, 26-33, 36-37]

Remand Justification and Interim Maintenance – High Court held remand by Appellate Court unjustified, lacking in reasons or justification – Appellate Court failed to address key issues raised and did not fix interim maintenance, contrary to the objective of DV Act providing immediate relief – High Court directed the Appellate Court to adjudicate the appeal on merits, considering specific flagged issues. [Paras 32-37, 38-39]

Income Consideration for Maintenance – For interim maintenance calculation, High Court considered Husband's net average income (Rs.2,00,000/month) based on income tax returns from 2009-2010 to 2019-2020 – Directed 25% (Rs.50,000/month) as interim maintenance to Wife from December 2009 to November 2019, accounting for Rs.10,00,000 already paid – Arrears to be paid in six equal monthly installments starting March 2024. [Paras 40-43]

Anticipatory Bail Application - Application under Section 438 Cr.P.C. for anticipatory bail in FIR No. 486/2023 for offences under Sections 354/ 354A/ 354D/509 IPC and Sections 8/12 of POCSO Act - Alleged inappropriate gestures and physical assault by the petitioner towards a minor victim - Petitioner’s contention of false implication and evidence of absence from the crime scene [Paras 1, 2, 4].

Prosecution's Argument - Strong opposition to bail by the APP for the State - Allegations considered grave and serious - Concerns about the petitioner threatening the victim and evading investigation - Reference to the petitioner's past criminal involvement [Para 5].

Victim's Statement and Evidence - Victim’s statement under section 164 Cr.P.C. supporting allegations against the petitioner - Confirmation of victim's minor status at the time of the incident - CCTV footage confirming victim's presence near the incident site, but not the exact place of offence [Paras 6, 7].

Court's Decision - Bail denied due to serious nature of allegations, the minor status of the victim, the petitioner’s evasion of investigation, and non-cooperation in an ongoing investigation - NBW issued against the petitioner - Observations made without prejudicing merits of the case [Paras 7, 8, 9].

Quashing of FIR – Section 306 IPC – Abetment of Suicide - Application under Article 226 and Section 482 CrPC for quashing FIR alleging abetment of suicide – FIR lodged by deceased's wife against applicant for harassment and pressurizing deceased, leading to his suicide – Allegations in FIR constituting cognizable offence under Section 306 IPC. [Paras 1, 2, 12]

Delay in Filing Complaint – Impact on Credibility of FIR - FIR lodged after an 8-day delay – Applicant’s contention that delay raises doubt over allegations – Respondent’s explanation of delay due to wife’s shock and depression – Court finds no unusual delay affecting FIR’s credibility. [Paras 7, 10]

Ingredients of Abetment – Analysis of FIR Allegations - Court’s examination of FIR allegations against requirements of Sections 107 and 306 IPC – Determination that FIR discloses prima facie case of abetment of suicide by applicant. [Paras 11, 12]

Suicide Note – Relevance in Establishing Abetment - Suicide note found on deceased implicating applicant in harassment and pressure – Note considered significant evidence in assessing abetment charge. [Para 13]

Court’s Power under Section 482 CrPC – Limitations in Quashing FIR - Court’s refusal to quash FIR under Section 482 CrPC – Observations on limited scope of judicial intervention at FIR stage – Importance of not impeding police investigation or trial process. [Paras 14, 19]

Judicial Precedents – Guiding Principles for Quashing of FIR - Reference to Apex Court judgments outlining principles for exercise of power under Section 482 CrPC – Emphasis on allowing police investigation in cases where FIR discloses cognizable offence. [Paras 16-19]

Decision – Application Dismissed, FIR Upheld – The application for quashing the FIR dismissed due to the prima facie establishment of offence under Section 306 IPC – Rule discharged and interim relief vacated. [Para 20-21]

Criminal Law - Supardari - Factual Background and Claims – Petitioner Menaka, owner of “Sarathy Krishnan” business, challenged the Magistrate's return docket order concerning the seizure of oil from the petitioner's factory – Oil alleged to be non-edible and used for lamp oil, conflicting with the second respondent's claim of it being edible oil – Seizure followed a complaint of misappropriation at Sri Kaleesuwari Refinery Private Limited – Petitioner sought interim custody under Section 451 Cr.P.C. [Para 2-3, 5-6]

Forensic and Food Analyst Reports – Forensic Science Laboratory (FSL) and food analysts provided differing reports on the nature of the oil – FSL indicated the oil as non-edible, while food analysts stated it was not fit for edible purposes due to its condition at the time of testing [Paras 5, 8]

Judicial Decision – High Court held that criminal courts lack jurisdiction in determining rival claims over seized goods, citing Bharat Sanchar Nigam Limited Vs. Suryanarayanan (2020 12 SCC 637) – Directed both parties to establish ownership in civil court and claim damages in criminal proceedings – Ordered destruction of the seized oil and allowed for reimbursement of its value to the succeeding party in the civil suit [Paras 10-14]

Vehicle Seizure and Interim Custody Request – Petitioner's vehicle seized for involvement in Crime No. 87 of 2023 under Tamil Nadu Prohibition Act – Petitioner seeks interim custody citing damage risks and financial obligations – Original application rejected by Trial Court [Paras 1-3]

Legal Argument and Opposition – Petitioner claims vehicle misused without her knowledge, ready to provide guarantee and security – Respondent objects, citing ongoing confiscation proceedings [Paras 3-4]

Court's Analysis and Decision – Citing Hon'ble Supreme Court's decision in Sunderbhai Ambalal Desai Vs. State of Gujarat, court considers vehicle's deteriorating condition if kept idle – Criminal Revision Case allowed, Trial Court's order set aside, vehicle to be returned under certain conditions [Paras 6-9]

Decision: Petition allowed – Vehicle to be returned to petitioner under specific conditions, including bond execution, undertaking against illegal use, and provision for evidence and future requirements [Para 9]

Criminal Law - Acquittal - Conviction Under POCSO Act – Challenged by Appellant – Convicted for offenses under Section 5(l) r/w 5(J)(ii) r/w 6 of POCSO Act for sexually exploiting a minor under false marriage promises – Sentenced to rigorous imprisonment for ten years and a fine [Para 1].

Prosecution Case – Sexual Exploitation of Minor – Appellant, a married man with children, accused of having a sexual relationship with a minor girl resulting in pregnancy – Based on the victim's complaint, appellant charged under relevant sections of POCSO Act [Para 2].

Trial Proceedings – Evidence and Witnesses – Prosecution presented P.W.1 to P.W.15 and documents as Ex.P.1 to Ex.P.16 – Accused examined D.W.1 and presented Ex.D.1 in defense [Para 3].

Defense Argument – Victim's Age Disputed – Defense counsel contested the proof of the victim's age, citing a lack of evidence to authenticate the birth date – Relied on the Supreme Court judgment in Yuvaprakash Vs. State [Para 5.1].

Judgment Analysis – Age of Victim Not Proven – Court found prosecution failed to establish the victim's age convincingly as per the guidelines in Yuvaprakash Vs. State – Entry in school records not sufficiently authenticated [Paras 8-9].

Decision – Appellant Acquitted – Court acquitted the appellant due to failure in establishing the victim's age – Conviction and sentence set aside, but compensation to the victim upheld [Para 11].

Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. [Paras 3, 4]

Procedural Lapse in Summoning Process - The court noted the failure to follow the mandatory drill of Section 202 of the Cr.P.C. before issuing summoning orders against petitioners residing outside the local jurisdiction of the trial court. The court highlighted the importance of this procedural requirement, especially in the context of senior citizens and non-resident accused. [Paras 5, 9, 10, 11]

Corporate Insolvency and Liability - The petitioners argued that due to corporate insolvency proceedings initiated against HDIL, the directors were not liable for the dishonoured cheques. However, the respondent emphasized that the insolvency proceedings did not absolve the petitioners of their responsibilities under the NI Act. [Paras 4, 7]

Remand for Fresh Consideration - The court set aside the summoning orders and remanded the matter back to the Judicial Magistrate for fresh consideration in accordance with Section 202 of the Cr.P.C. The court refrained from commenting on the merits of the case to prevent any prejudice during the trial. [Paras 12, 13, 14

Medical Examination – Government Recruitment – Petition challenging Review Medical Examination Report dated 21.12.2023 declaring petitioner unfit due to hypertension and tachycardia – High Court noted failure to follow required regulations/guidelines for hospitalization and observation before final opinion – Set aside report – Directed reconstitution of Review Medical Board to re-examine petitioner in accordance with guidelines dated 31.05.2021 – Further action to follow based on new findings. [Paras 1-5]

Administrative Law – Compliance with Guidelines – Petitioner’s right to fair medical examination process in government recruitment – High Court emphasized necessity for adherence to procedural guidelines ensuring fairness – Directed fresh medical board examination with required observation and hospitalization – Non-compliance with procedural guidelines leading to setting aside of previous report. [Paras 3-4]

Judicial Review – Medical Fitness – Court’s intervention in medical fitness assessments for government recruitment – Addressed procedural lapses in medical evaluations – Reinforced need for transparent and standardized medical review procedures. [Paras 3-5]

Decision:Held: Petition allowed – Report of Review Medical Board dated 21.12.2023 set aside – Fresh Review Medical Board to be constituted within two weeks – Petitioner to be given at least four days advance notice – If found fit, further action to be taken in accordance with rules – Petition disposed of. [Paras 4-5]