Proclaimed Person And Settlement – Quashing Of Fir – Fir No.310 Dated 07.04.2020 Under Section 174-A Of Ipc In Police Station Htm Hisar, Due To Petitioner Being Declared Proclaimed Person In Section 138 Ni Act Case – Settlement Led To Withdrawal Of The Complaint, Leading To This Quashing Petition. [Para 1, 3]

Facts Of The Case – Dishonoured Cheque And Subsequent Proceedings – Petitioner Issued Cheque Which Was Dishonoured – Declared Proclaimed, Then Settled The Matter, Leading To Withdrawal Of Complaint Under Section 138 Of Ni Act. [Para 2]

Legal Counsel Submissions – Petitioner’s Counsel Argued Wrongful Declaration As Proclaimed Person – Settlement Resulted In Dismissal Of Complaint Under Section 138 Ni Act – State Counsel Opposed Quashing Of Fir. [Para 4, 5]

Court's Consideration – Analysis Of Facts And Circumstances – Acknowledgement Of Fir's Basis On Being Declared A Proclaimed Person And Subsequent Withdrawal Of Complaint. [Para 6, 7]

Precedent Reference – Citation Of Similar Cases – Fir Under Section 174-A Ipc Quashed Due To Settlement In Main Petition – Continuation Deemed Abuse Of Process Of Law In Various Similar Cases. [Para 8, 10, 11]

Court's Decision – Fir No.310 Dated 07.04.2020 And Subsequent Proceedings Quashed – Based On Settlement In Negotiable Instruments Act Proceedings. [Para 12, 13]

Petitioner’s Arrest and Application for Default Bail – Bharat Bhushan, the petitioner, was arrested on 07.03.2023 – Arrest in connection with FIR No.168 involving charges under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1940 – Application for default bail under Section 167(2) of Cr.P.C. after the lapse of 180 days of investigation period – Dismissal of the application by the trial court on grounds of granted extensions [Paras 2-3, 5].

Extensions Granted to Investigation Agency – The first extension of 30 days granted by the trial court on 31.08.2023 – A second extension of 180 days granted on 27.09.2023 – Challenge to these extensions for non-compliance with Section 36A(4) of the NDPS Act – Argument that extensions were against the law, with the total detention period exceeding the maximum 365 days allowed [Paras 3-4, 12].

Legal Analysis – The court examines the compliance with Section 36A(4) of the NDPS Act and the principles established by the Supreme Court in Hitendra Vishnu Thakur’s case – Requirement for the Public Prosecutor’s report for extending the investigation period – Failure of the prosecution to submit such a report in the first extension – Improper grant of the second extension as total detention exceeded 365 days [Paras 9-12].

Decision – The High Court sets aside both the impugned orders granting extensions – Petitioner’s right to default bail under Section 167(2) of the Cr.P.C. is recognized due to incomplete investigation – Petitioner to be enlarged on bail, subject to the trial Court/Magistrate’s satisfaction – Merits of the case remain unaffected by this decision [Paras 11-14].

Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]

Proceedings Originated from Environmental Violation – ECIR based on a complaint for violations of the Environment (Protection) Act, 1986 – Accused alleged to misuse authority, facilitating illegal land conversion and construction, leading to money laundering activities. [Paras 3, 12.2]

Accusations and Role in Money Laundering – Deshpande accused of assisting prime accused Sadanand Kadam and Anil Parab in laundering proceeds of crime through unauthorized land development – Charged with ignoring regulations and providing illegal permissions. [Paras 4, 12.1, 12.2]

Comparison with Co-Accused’s Bail – Supreme Court granted bail to co-accused Sadanand Kadam – Court considered this while deciding on Deshpande's bail, noting his lesser role in the crime compared to Kadam. [Paras 6, 12, 13]

Special Court’s Observation – Special Court acknowledged Deshpande did not generate proceeds of crime but assisted in laundering – Noted that Deshpande was not a beneficiary of proceeds of crime. [Para 11]

Bail Granted – Considering observations and circumstances, including bail to co-accused, bail granted to Deshpande under stringent conditions, including bond and non-interference with witnesses or evidence. [Paras 12, 13, Order (a)-(f)]

Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional rights. [Para 2-5, 10-14]

Delay in Issuance of Detention Order – held – significant delay in passing the detention order after the registration of the offence was not satisfactorily explained, resulting in a lack of promptitude by authorities, which rendered the detention order questionable. [Para 10-11]

Non-consideration of Bail Order – held – failure of the detaining authority to consider the petitioner's bail order and the reasoning provided by the Additional Sessions Judge vitiated the detention order. The detaining authority’s lack of consideration indicated a lack of proper application of mind. [Para 12-13]

Violation of Constitutional Rights under Article 22(5) – held – the petitioner's constitutional rights were infringed as the rejection of his representation was not communicated to him, and the documents served to him in detention were largely illegible, impairing his ability to make an effective representation. [Para 14-15, 19-20, 22-23]

Decision – Quashing of Detention Order – The Court quashed the detention order dated 06.10.2023 passed against the petitioner by the District Magistrate, Ahmednagar, holding that the order was vitiated by procedural improprieties and violation of constitutional rights. The petitioner was ordered to be set at liberty. [Para 24]

Criminal Law – Gang Rape – Evidence Evaluation – involving the rape of a woman in the vicinity of a small stream on knife point by the three accused - appeals filed by the convicts against their conviction under Section 376(2)(g) read with Section 34 of the IPC for gang rape - examined the credibility of the victim's testimony, the medical evidence, and the relevance of the absence of a test identification parade . [Para 1, 28, 31]

Testimony of Rape Victim – Credibility – The Court held that the testimony of the rape victim is of utmost importance in rape cases. Despite the absence of physical injuries or medical evidence conclusively proving rape, the victim's testimony, if found credible and trustworthy, is sufficient for conviction. The Court emphasized the need to consider such testimony with sensitivity and seriousness. [Para 21, 27]

Role of Hostile Witnesses – The Court observed that the entire testimony of a hostile witness need not be discarded. The evidence supporting the prosecution's case can be considered reliable even if the witness turns hostile. In this case, the witness, PW7, though hostile, indirectly supported the victim's account. [Para 23]

Corroborative Evidence in Rape Cases – Not Mandatory – The Court noted that corroborative evidence is not imperative in rape cases. Conviction can be based on the uncorroborated evidence of the victim if it inspires confidence. [Para 27]

Medical Evidence in Rape Cases – The Court stated that the absence of external injuries or medical evidence explicitly indicating rape is not sufficient to discredit a rape allegation. The psychological and situational circumstances during such incidents were considered. [Para 25]

Failure to Conduct Test Identification Parade – The Court held that failure to conduct a Test Identification Parade is not always fatal to the prosecution's case. Identification in court can suffice if the accused were apprehended promptly and identified by the victim. [Para 29]

Appeals Dismissed – Both appeals dismissed, upholding the conviction by the trial court. [Para 32]

Civil Death Declaration – Suit by Legal Heir – Missing Husband for Over 13 Years – Appellant sought the declaration of her husband's civil death under Section 108 of the Evidence Act due to his 13-year absence to claim service benefits – Initial suits dismissed due to non-inclusion of Electricity Department and lack of specific consequential relief claims [Paras 3-5, 9, 14-15].

Legal Interpretation – Section 34 of Specific Relief Act, 1963 – The court examined whether a declaration of civil death is barred under this section when further relief is not claimed – Analysis of legal precedent and statutes indicated such a suit is maintainable [Paras 6-14].

Judicial Precedents – Consideration of judgments from various courts, including Bombay High Court and Allahabad High Court, on similar matters – Key judgments helped in interpreting the maintainability of the suit [Paras 6, 9-10].

Final Decision – The Court allowed the appeal, setting aside lower courts' judgments – Matter remanded to the Civil Judge, Senior Division, Mohanlalganj, Lucknow for a fresh order, recognizing that the suit for declaring civil death without specific consequential relief is maintainable [Paras 17-20].

Compassionate Appointment - Writ Petition - Denial of appointment as Junior Engineer (Civil) on compassionate grounds - Petitioners, wife, and son of deceased KSRTC employee, seek appointment for the son on compassionate grounds following the death of the father who was a senior driver in KSRTC - Petitioners contend that they are entitled to appointment as per the scheme existing at the time of the father's death in 2011 - Corporation contends that compassionate appointment is not a matter of right and is subject to the prevailing rules and schemes - Corporation offers appointments to Class-III posts to the son, which he refuses - Held that compassionate appointment cannot be insisted upon as a matter of right, nor can it be demanded for a specific post - Purpose of compassionate appointment is to alleviate immediate financial distress, which was not accepted by the son - Son's insistence on a particular post indicates lack of immediate financial necessity - Writ petition rejected. [Paras 1-9]

Erroneous Date of Birth Entry - Visually Impaired Candidate's Candidature Rejected - The petitioner, a 100% permanently visually impaired candidate, faced rejection of her candidature for the post of Assistant in Level-1 in 'D' grade due to an incorrect date of birth entry made inadvertently by a helper at an internet cafe [Paras 3, 12].

Legislative Protection for Persons with Disabilities - Emphasis on the Rights of Persons with Disabilities Act, 2016, requiring authorities to approach cases of persons with disabilities with sensitivity and flexibility, particularly in the procedural aspects [Paras 14-15, 17].

Supreme Court's Guidelines on Reasonable Accommodation - Citing Supreme Court judgments, the Court highlights the concept of Reasonable Accommodation, necessitating additional support and facilities for persons with disabilities beyond mere non-discrimination [Paras 14-15].

Rejection Deemed Oppressive and Contrary to Legislative Intent - The Court finds the rigid stand of the respondents in rejecting the petitioner's candidature as unduly oppressive, violating the objective of the Rights of Persons with Disabilities Act, 2016 [Para 16].

Dismissal of Alternate Remedy Argument - The Court rejects the respondents' contention that the petitioner should approach the Central Administrative Tribunal, emphasizing the need for immediate judicial intervention to prevent failure of justice and uphold the spirit of the Act of 2016 [Para 17].

Direction to Process Candidature - The Court directs Respondent No. 2, Railway Recruitment Cell, to process the petitioner's candidature for the post of Assistant as per Advertisement No. CEN RRC- 01/2019 within six weeks [Para 18].

Relief Granted - The writ petition is allowed, setting aside the rejection of the petitioner's candidature [Para 19].

Writ - Disability Rights – Reasonable Accommodation and Fairness – The High Court examined the Railway Recruitment Cell’s rejection of a 100% visually impaired candidate’s application due to an inadvertent error in the date of birth entry. The Court emphasized the need for reasonable accommodation and affirmative action for persons with disabilities, underscoring the importance of treating such individuals with sensitivity and flexibility. [Para 2, 12-15, 18]

Error in Application Form – Visual Impairment – Consideration of Specific Needs – The Court highlighted the specific circumstances under which the error in the application form occurred, considering the Petitioner’s visual impairment and reliance on assistance. The Court found that minor mistakes due to disabilities should not lead to disproportionate consequences like loss of job opportunities. [Para 12-13, 15]

Rights of Persons with Disabilities Act, 2016 – Enforcement and Application – The Court elaborated on the principle of reasonable accommodation as mandated by the Act of 2016. The judgment stressed the proactive creation of conditions conducive to persons with disabilities and the requirement for authorities to adapt procedures to align with legislative objectives. [Para 14-15, 18]

Judicial Intervention – Upholding Disability Rights – The High Court intervened to set aside the rejection of the Petitioner’s candidature by the Railway Recruitment Cell, directing the processing of her application. This decision underscores the Court’s role in enforcing disability rights and ensuring justice. [Para 17-18]