Limitation – Condonation of Delay – Restoration of Appeal – Second Appeal dismissed on 25.11.2019 for non-removal of defects despite peremptory order dated 14.10.2019 – Petitioners filed application to condone delay of 2096 days in seeking restoration – Plea that mother was conducting litigation and failed to inform sons held implausible – Petitioner No.1 had earlier deposed as DW-1 stating he managed the case – Held: No sufficient cause shown for condoning long delay – Delay not condoned – Application dismissed [Paras 2–8]

Restoration – Dismissal for Default – Non-removal of Defects – Counsel for appellants was present and heard at time of dismissal – Case not dismissed for non-appearance but for failure to comply with Court’s directions – Plea that counsel’s name was missing from cause list rejected – Court found no justifiable explanation for non-compliance [Paras 5–6]

Litigation Conduct – Implausibility of Explanation – Petitioners’ claim that their elderly mother managed litigation without informing adult sons found baseless – Particularly in light of petitioner’s own prior admission under oath of conducting case himself – Held: Such justification cannot support condonation under law [Para 7]

Decision: Delay of 2096 days not condoned – Application for restoration dismissed – CMAPL also dismissed as consequence.

Criminal Law – Quashing of Proceedings – Protection under Section 197 CrPC – Custodial Violence Alleged – Petitioner, a Sub-Inspector, sought quashing of complaint citing absence of prior sanction under Section 197 CrPC – Complaint alleged illegal detention, physical assault, custodial abuse, and humiliation of complainant and her brother by police inside the police station – Held: Acts of custodial violence are wholly unrelated to discharge of official duties – No reasonable nexus between impugned acts and official duty – Hence, protection under Section 197 CrPC not attracted – Complaint not barred for want of sanction [Paras 12–23]

Official Duty – Scope of Section 197 CrPC – Reasonable Connection Test – Law reiterated that for the protection under Section 197 CrPC to apply, the act must be reasonably connected with the discharge of official duty – Mere fact that the accused is a public servant is not sufficient – Assault, custodial beating, or abuse inside lock-up fall outside the ambit of official functions – No protection when police officer exceeds authority and commits abuse without lawful justification [Paras 14–22]

Judicial Precedent – Custodial Violence – Supreme Court Rulings – Reiterated that custodial violence is unconstitutional and not protected by Section 197 CrPC – Cited: P.P. Unnikrishnan v. Puttiyottil Alikutty (2000) 8 SCC 131 – D.K. Basu v. State of West Bengal (1997) 1 SCC 416 – Devinder Singh v. State of Punjab (2016) 12 SCC 87 – Dr. S.M. Mansoori v. Surekha Parmar 2023 SCC OnLine SC 436 – Held: Protection under Section 197 does not extend to illegal acts of torture or abuse inside police station [Paras 16–20]

Magistrate's Power – Cognizance and Recall – Magistrate has no power to recall summoning order under Section 204 CrPC – No review jurisdiction under CrPC – Relief, if any, lies under Section 482 CrPC – Findings upheld in light of Adalat Prasad v. Rooplal Jindal AIR 2004 SC 4674 and Subramanium Sethuraman v. State of Maharashtra AIR 2004 SC 4711 [Paras 9–10]

Decision: Petition dismissed – Complaint against petitioner not barred for want of sanction under Section 197 CrPC – Trial to proceed as per law.

Criminal Law - Anticipatory Bail – Maintainability Before High Court – Concurrent jurisdiction of Sessions Court and High Court – Applicant directly approached High Court without first applying before Sessions Court – Applicant not residing within jurisdiction of Sessions Court where FIR lodged – Held: Petition maintainable under Clause 26(B) of Full Bench decision in Ankit Bharti v. State of U.P. [Paras 2–4]

Freedom of Speech – Social Media Posts – Applicant’s tweets following Pahalgam terror attack criticized Government’s response and Prime Minister’s political rally – FIR alleged tweets incited communal disharmony and defamed the nation – Applicant argued protection under Article 19(1)(a) – Held: Freedom of expression subject to reasonable restrictions – Tweets posted during a sensitive national crisis and widely circulated internationally, including in Pakistan – Cannot claim blanket protection under Article 19(1)(a) [Paras 5–10, 17–18]

Criminal Law – Sedition-like Offences under New Law – Applicant charged under Section 152 of Bharatiya Nyaya Sanhita, 2023 (replacing repealed Section 124A IPC) – Held: Prima facie assessment of charges not permissible at bail stage – Supreme Court has granted liberty to raise all defences at stage of framing of charge – High Court bound by Article 141 not to interfere [Paras 7–10, 20]

Judicial Discipline – Binding Effect of Supreme Court Orders – Applicant’s SLP challenging rejection of writ petition dismissed by Supreme Court with liberty to raise issues at appropriate stage – Held: High Court bound by Supreme Court’s direction and cannot pre-emptively assess merits of FIR or charges [Paras 11–12, 20]

Investigation – Non-Cooperation by Applicant – Despite specific directions by High Court and opportunity given by Investigating Officer, applicant failed to appear and evaded investigation – Police reports indicated frequent change of residence – Held: Applicant’s conduct shows lack of bona fides and disentitles her to discretionary relief of anticipatory bail [Paras 13, 19]

Decision: Anticipatory bail application rejected – Court held it is not a fit case for granting relief under Section 482 BNSS – Applicant at liberty to apply for discharge or raise objections at the stage of framing of charge, as directed by Supreme Court [Para 21]

Civil Law - Partition – Joint Family Property – Claim by Daughters – Dismissal of Suit – Plaintiffs (daughters) sought 1/7th share in ancestral and purchased properties claiming fraudulent alienation by brother (Defendant No.1) – Courts below found that partition of ancestral property had occurred in 1966 via registered deed – Plaintiffs failed to challenge partition or subsequent settlement/consolidation records despite knowledge – Held: No co-parcenary or joint ownership subsisted – Suit rightly dismissed [Paras 5–10, 17–18].

Hindu Succession Act – Section 6 – Reopening of Partition – Not Permissible – Partition occurred prior to 20.12.2004 – Plaintiffs relied on amended Section 6 to seek reopening – Held: Explanation to Section 6 bars reopening of partitions effected before 2005 amendment – Appeal court correctly held that plaintiffs’ claim not maintainable on this ground [Paras 10, 22].

Limitation – Date of Knowledge – Article 59 – Plaintiffs alleged cause of action arose in 2013 when brother threatened to sell property – However, settlement and consolidation records were finalized in 1977 and 1982 and never challenged – No specific plea or proof of date of knowledge of RORs – Held: Vague assertion of threat in 2013 insufficient – Suit barred by limitation under Articles 59 and 110 of Limitation Act [Paras 18, 22].

Civil Procedure – Non-joinder of Parties – Legal Heirs of Other Branch Not Necessary – Defendants argued that non-joinder of successors of common ancestor’s second son rendered suit defective – Held: Plaintiffs confined claim to properties allotted to their own father’s branch – No relief sought against other branch – Non-joinder not fatal [Para 17].

Civil Courts’ Jurisdiction – Bar under Consolidation and OEA Laws – Validity of Settlement and OEA Proceedings – Plaintiffs sought to invalidate RORs and settlements finalized decades earlier – Held: Section 59 of OCH & PFL Act and bar under OEA Act applicable – None of the exceptions laid down in Gulzar Khan v. Commissioner of Consolidation, 1993 (II) OLR 194, attracted – Civil court has no jurisdiction to re-open finalized consolidation or OEA decisions [Paras 18, 21, 22].

Sale Deed – Challenge to Alienation by Co-sharer – Defendant No.1 sold Schedule-B land to Defendant No.3 in 2012 – Plaintiffs sought cancellation alleging lack of consent – Held: Defendant No.1 had exclusive title as per RORs and earlier partition – Sale valid – Suit rightly dismissed [Paras 19–20, 22].

Civil Law – Dismissal of Suit for Default – Simultaneous Proceedings – Suit dismissed for non-appearance on 19.10.2016 when plaintiff was attending proceedings under Section 138 of the NI Act – Appellant had earlier moved an exemption application anticipating scheduling conflict – Held: Plaintiff demonstrated bona fide conduct and presence before Magistrate Court on same day established by records – Sufficient cause shown under Order IX Rule 9 CPC – Dismissal set aside [Paras 3, 5.2, 9, 10, 13]

Limitation – Restoration Application – Delay of One Month – Explanation Offered – Plaintiff sought certified copy after learning of dismissal and approached legal aid – Application filed shortly after limitation period – Held: Delay not inordinate or unexplained – Sufficiently explained and condonable [Paras 11, 12, 13]

Legal Representation – Counsel's Lapse – Effect on Litigant – Plaintiff’s earlier counsel failed to appear – Court held that parties should not be penalised for lapses of counsel when sufficient effort shown – Plaintiff had previously appeared and actively pursued the matter – Restoration directed [Paras 5.2, 13, 14]

Decision: Appeal allowed – Orders dated 19.10.2016 and 28.08.2017 set aside – Suit restored to file – Proceedings to continue on merits – No opinion expressed on merits of the case [Paras 14, 15]

Criminal Law – Common Intention – Acquittal – Appellant Raj Bala convicted under Sections 302/34 and 307/34 IPC for allegedly firing at injured Kailash during a group assault where another accused had fired fatal shot – Trial court relied on ocular evidence but injury report (Exh. Ka-20) showed no firearm injury – Medical evidence inconsistent with prosecution’s version – Held: Common intention not proved – No evidence of premeditation, meeting of minds or active participation by appellant – Conviction under Section 34 IPC unsustainable [Paras 14–20, 25–30]

Evidence Law – Contradiction between Medical and Ocular Evidence – Medical report by PW-7 showed injuries were simple, caused by hard and blunt object – No X-ray report submitted for injury kept under observation – Doctor not certain about firearm involvement – Court held this contradiction casts serious doubt on prosecution’s case and undermines charge of firing by appellant [Paras 19–21, 26]

Presumption of Guilt – Mere Presence at Scene – Trial court erred in holding appellant guilty solely on her presence at the crime scene and alleged relationship with co-accused – Supreme Court precedents cited (Surendra Singh, Chandra Pratap Singh) reiterate that presence alone, without proven common intention, is not enough to invoke Section 34 IPC [Paras 15, 24, 27–30]

Benefit of Doubt – Acquittal – Court found prosecution failed to establish key ingredients for vicarious liability under Section 34 IPC – Absence of overt act, lack of evidence of firearm use by appellant, and doubt regarding motive led to acquittal – Court set aside conviction and sentence, extended benefit of doubt to appellant [Paras 33–38]

Decision: Criminal appeal allowed – Conviction and sentence of appellant Raj Bala under Sections 302/34 and 307/34 IPC set aside – Appellant acquitted – Bail bond cancelled – Sureties discharged [Paras 36–39]

Anticipatory Bail – Sexual Offences Against Minor – Repeated Assault and Blackmail – Custodial Interrogation Required – Application Rejected – FIR alleged repeated sexual assault of a minor girl between 2023–2025, facilitated by threats using secretly recorded videos and conspiracy with a co-accused – FIR supported by CDR data, municipal records, and victim’s statements – Applicant sought anticipatory bail citing delay in FIR, alleged consensual adolescent relationship, and alternative age documents – Court held that consent of a minor is legally irrelevant – Allegations of coercion and digital exploitation require thorough custodial investigation – Held: Grant of anticipatory bail at this stage would hinder investigation and defeat the statutory protection under POCSO [Paras 1–7, 13–15, 18–19].

Minor’s Consent – Irrelevant under POCSO – Age Dispute Must Be Tried at Trial Stage – Court reaffirmed settled position that consent of minor under 18 has no legal relevance under POCSO – Attempt to portray relationship as consensual adolescent interaction rejected – Reliance placed on multiple precedents affirming that courts cannot dilute POCSO rigour at bail stage – Alleged inconsistencies in age documents to be examined during trial – Not a ground to grant pre-arrest bail [Paras 8–12].

Digital Evidence – Disappearing Message Platforms – Need for Custodial Interrogation – Investigation at Nascent Stage – Allegations of blackmail through Snapchat and videos necessitate forensic analysis and metadata extraction – Devices yet to be recovered – Investigation in early stages, with risk of tampering and influence if bail granted – Court found custodial interrogation essential to secure evidence and protect minor victim [Paras 13–14, 21].

Precedents – Protective Approach in POCSO Cases – Anticipatory Bail to Be Exercised Sparingly – Court relied on Varun Kumar v. State of Himachal Pradesh, Javed v. State, Prince Kumar Sharma v. State, Ram Kumar v. State, and Saiful Khan v. State – Reiterated that anticipatory bail must not be granted routinely in cases involving minors – Granting bail would send harmful societal message and jeopardise investigation [Paras 10–17].

Bail Jurisprudence – Liberty v. Investigation – Custodial Interrogation More Effective – Precedents emphasised that anticipatory bail differs fundamentally from post-arrest bail – Liberty of accused must be balanced against seriousness of offence and need for free, fair investigation – Courts must protect integrity of probe in sensitive POCSO matters [Paras 17, 22].

Decision: Anticipatory bail application dismissed – Court finds no ground to grant pre-arrest bail considering the seriousness of allegations, minor victim’s age, and need for custodial interrogation – Investigation must proceed without interference [Paras 18–19].

POCSO Act - Evidentiary Value - Victim Testimony - Corroboration - Section 29 POCSO Act - The sole testimony of a victim in sexual offence cases, if found consistent, reliable, and trustworthy, can be sufficient for conviction without corroboration- Section 29 of the POCSO Act shifts the burden to the accused to rebut the presumption of guilt once fundamental facts are proven by the prosecution-

Criminal Law - Sexual Offences - POCSO Act - The appellants, Christian Rajendran, Joy Rajendran, and Salomi Rajendran, challenged their conviction under various sections of the IPC and POCSO Act for sexual and physical abuse of minor girls at an orphanage- The prosecution relied on victim testimonies and medical evidence- The defense argued procedural irregularities under the POCSO Act, non-examination of all victims/boys, and inconsistencies in testimonies- The High Court examined the reliability of victim statements, the impact of procedural lapses, and the application of Section 29 of the POCSO Act- Held: Accused No.1 (Christian Rajendran) conviction for sexual assault and showing pornographic videos is maintained, as victim testimonies were consistent and corroborated by medical evidence and recovery of pornographic content from his laptop- Accused No.2 (Joy Rajendran) is acquitted due to inconsistencies in victim statements and lack of corroborative evidence, with the possibility of influence from elder victims- Accused No.3 (Salomi Rajendran) conviction under Section 19 read with Section 21 of the POCSO Act for failing to report the offences, despite being informed by victims, is maintained, but her sentence is reduced to the period already undergone- Paras [2-35]

Protection of Children from Sexual Offences Act, 2012 - Procedural Compliance - Investigation - Held: Procedural irregularities during investigation under the POCSO Act, such as delay in lodging FIR or medical examination not strictly in presence of family/appointed woman, do not automatically vitiate the trial or lead to acquittal unless prejudice is shown to the accused- The intent of Section 24 is to protect victims, not to benefit accused from technical lapses- Paras [17, 18, 22]

Criminal Evidence - Reliability of Victim Testimony - "Sterling Witness" - Held: The testimony of a victim in sexual offence cases, if "sterling" in quality, consistent from start to end, and unblemished, can be relied upon without corroboration- However, if there are significant variations or inconsistencies, corroboration may be necessary- The Court must undertake a meaningful examination of the evidence- Paras [15, 16]

POCSO Act - Section 29 - Presumption of Guilt - Burden of Proof - Held: While the burden of proving guilt beyond reasonable doubt remains with the prosecution, Section 29 of the POCSO Act shifts the burden to the accused to rebut the presumption of commission of offence once the prosecution proves the fundamental facts- This presumption was not rebutted by Accused No.1- Paras [15, 28]

POCSO Act - Section 19 read with Section 21 - Failure to Report - Held: Accused No.3, being in charge of the orphanage and informed by victims about sexual assault by Accused No.1, had a statutory obligation to report the offence to the police- Her failure to do so constitutes an offence under Section 19 punishable under Section 21 of the POCSO Act- Paras [32, 33, 34]

Decision: Criminal Appeal No.261 of 2021 partly allowed- Conviction of Accused No.1 (Christian Rajendran) maintained- Accused No.2 (Joy Rajendran) acquitted from all charges- Criminal Appeal No.256 of 2021 partly allowed- Conviction of Accused No.3 (Salomi Rajendran) maintained, but sentence reduced to period already undergone- Paras [36].

Muslim Law – Remarriage with Divorced Husband – Halala – Respondent claimed to have remarried petitioner after prior divorce – Evidence revealed existence of intervening marriage with another man, but no proof of its dissolution was provided – Under Muslim law, remarriage with divorced husband is void unless intervening marriage is consummated and lawfully dissolved (Nikah Halala) – Held: In absence of legal dissolution of intervening marriage, alleged remarriage with petitioner is void and hit by doctrine of Halala – Respondent disqualified from claiming maintenance as wife [Paras 7–10, 14–15]

Maintenance – Section 125 CrPC – Presumption of Marriage – Long Cohabitation – Respondent relied on continuous cohabitation to claim presumption of valid marriage – Held: Presumption of marriage based on cohabitation arises only where no legal impediment exists – Since respondent’s prior marriage with another man was not proved to be dissolved, she remained legally married and could not validly remarry petitioner – No legal status as ‘wife’ – Maintenance under Section 125 CrPC cannot be granted [Paras 13–15]

Burden of Proof – Remarriage – When marriage is denied, burden lies on party asserting it – Respondent failed to prove essential elements of Nikah including presence of witnesses and performance by authorised Khatib – Neither mosque register nor witnesses examined – Evidence held insufficient to establish valid Muslim marriage [Paras 11–12]

Procedure – Summary Nature of Section 125 Proceedings – Evidence Requirement – Court held that despite the summary nature of Section 125 CrPC, basic legal prerequisites for spousal status must be established – Maintenance claim under Section 125 cannot succeed in absence of legal proof of marital status [Para 16]

Remand – Opportunity to Adduce Evidence – Considering impact of maintenance order on marital status, court remanded case for fresh decision – Held: Family Court to allow both parties to adduce further evidence on dissolution of intervening marriage and validity of alleged remarriage – Maintenance order set aside [Para 16]

Decision: Impugned maintenance order set aside – Case remanded to Family Court, Malappuram for fresh disposal – Parties to be given opportunity to adduce further evidence – To be decided within three months.