Criminal Procedure – Quashing of FIR – Petitioner, a neighbor in a land dispute, alleged to have been maliciously implicated in the criminal case – Contention that dispute is civil in nature, lacking ingredients of offences under SC/ST (PoA) Act – Reliance on Supreme Court judgments emphasizing scrutiny of allegations for malicious prosecution [Paras 1-4].

SC/ST (PoA) Act – Allegations of Harassment – Respondent, a member of Scheduled Caste, claimed harassment by petitioner preventing construction on his land – Court noted absence of land dispute, deemed it a case of untouchability – Offence under SC/ST (PoA) Act held to be made out [Paras 5-7].

Decision – Writ Petition Dismissed – Held – Criminal proceedings not quashed, as allegations of harassment on account of untouchability substantiated – Dismissal based on acknowledgment of discriminatory practices against SC/ST individuals [Para 7].

Criminal Procedure – Quashing of Proceedings – Petitioner company and its officials challenged the criminal proceedings initiated for non-compliance with statutory requirements under the Sales Promotion Employees Act – Complaint filed beyond the limitation period prescribed by Section 11(2) of the Act – Petitioners argued absence of specific averments regarding their role in day-to-day affairs – High Court quashed proceedings, finding the complaint barred by limitation and insufficient averments against the petitioners [Paras 1-13].

Limitation for Cognizance – Section 11(2) of the Sales Promotion Employees Act mandates complaints to be filed within six months from the date of the alleged offence – High Court observed the complaint was filed after the limitation period without any condonation application – Condonation under Section 473 Cr.P.C. not applicable as no such application was made, nor was delay condoned by the trial court [Paras 8-10].

Responsibility of Officials – Section 10 of the Sales Promotion Employees Act – Requirement for specific averments on involvement in day-to-day affairs of the company – Complaint lacked such averments against the petitioners – High Court highlighted necessity of detailed pleadings to hold officials responsible [Paras 7-9].

Decision – Writ Petition Allowed – Held – Entire criminal proceeding including the order taking cognizance dated 28.11.2017 quashed – Complaint found to be filed beyond the limitation period without necessary condonation, and lacking specific averments against the petitioners [Paras 11-13].

Criminal Law – Circumstantial Evidence – Conviction of appellants based on circumstantial evidence in the murder case of Abhijit Pal and Moumita Das – Trial court awarded death sentence to Raju Das and life imprisonment to Kundan Das, Guddu, and Bablu – Appellate court evaluates the reliability of evidence and adherence to legal standards [Paras 1-64].

Confession – Admissibility – Confessional statements made to police officers deemed inadmissible under Section 25 of the Indian Evidence Act – No independent corroboration of confession – Court underscores the necessity of verifying the voluntariness and authenticity of confessions [Paras 43-45].

Recovery of Evidence – Section 27 of Indian Evidence Act – Examination of recovered items linked to the deceased – Doubts on the credibility of recoveries due to lack of independent witnesses and contradictory statements by prosecution witnesses – Court emphasizes caution in relying on recovery evidence [Paras 47-52].

Suspicion vs. Proof – Legal Principle – Court reaffirms that strong suspicion cannot replace the requirement of legal proof – Prosecution’s failure to conclusively prove the chain of circumstances – Benefit of doubt extended to the accused [Paras 55-58].

Decision – Appeals Allowed – Held – Convictions and sentences set aside – Appellants acquitted of charges under Sections 302, 201, 392, 411, and 120B IPC – Appellants to be released immediately unless required in other cases – Compliance with Section 437A Cr.P.C. mandated [Paras 59-64].
 

Condonation of Delay – Interlocutory Application filed for condonation of delay of 239 days in filing the appeal – Appellant claimed financial hardship prevented timely filing – Court found delay unintentional and condoned it [Paras 1-6].

Disciplinary Action – Dismissal from Service – Appellant dismissed for misappropriating funds from deceased/inoperative accounts – Charges included unauthorized crediting of pension funds to own and relatives’ accounts, and unauthorized withdrawals from inoperative accounts – Alleged financial crisis as reason for delay – Court noted serious breach of trust and upheld the disciplinary actions [Paras 7-14].

Judicial Review – Proportionality of Punishment – Cited Supreme Court precedents on interference with disproportionate punishment – Reference to cases like Ranjit Thakur v. Union of India and Chairman and Managing Director, United Commercial Bank v. P.C. Kakkar – Held that the punishment of dismissal was appropriate given the severity of misconduct – Importance of maintaining public trust in financial institutions emphasized – Court rejected arguments for leniency, highlighting the need for higher standards of integrity in banking [Paras 18-36].

Legal Precedents – Reference to various judgments to establish the standards of judicial review and proportionality of punishment – Cited cases including Bhagat Ram v. State of Himachal Pradesh and Dev Singh v. Punjab Tourism Development Corporation Ltd. To assert the need for punishment to match the gravity of misconduct [Paras 19-25, 37-40].

Decision – Appeal Dismissed – Held – No error in Single Judge’s decision – Appellant’s dismissal upheld due to gravity of financial misconduct and breach of trust – Court emphasized that misappropriation of funds by bank employees undermines public confidence and warrants severe penalties – No grounds for showing leniency in punishment as it would undermine the disciplinary framework of financial institutions [Paras 41-42].
 

Criminal Law – Kidnapping with Intent to Murder – Respondents acquitted by the trial court – Prosecution’s case based on the testimony of PW2-Dharmendra Kumar and other witnesses – Trial court found no evidence of intent to kill or to dispose of the victim in a manner that endangered his life – Acquittal affirmed by High Court due to lack of substantial evidence supporting prosecution’s claims [Paras 1-6].

Appeal against Acquittal – Standard of Review – High Court emphasized the principle that appeals against acquittal require substantial and compelling reasons for interference – Cited the Supreme Court’s ruling in Ghurey Lal vs. State of Uttar Pradesh, reinforcing the presumption of innocence strengthened by acquittal – No perversity or illegality found in the trial court’s judgment [Paras 7-10].

Decision – Appeal Dismissed – Held – High Court found no grounds to interfere with the trial court’s well-reasoned judgment – Emphasized the importance of careful review of evidence in appeals against acquittal to prevent wrongful convictions [Paras 11-12].

Industrial Disputes – Retrenchment and Reinstatement – The court examined the legality of the termination of services of the workmen employed as Chowkidars by the Haryana Agro Industries Corporation Limited. The court found that the workmen were initially directly employed by the corporation and subsequently their services were unilaterally outsourced to private agencies without proper notice or compliance with statutory requirements under Section 9A of the Industrial Disputes Act, 1947​​.

Violation of Statutory Provisions – The court held that the termination of the workmen without following the provisions of Sections 25-F, 25-G, and 25-H of the Industrial Disputes Act was illegal. The Labour Court's finding that the workmen were entitled to reinstatement with continuity of service and 50% back wages was upheld​​.

Employer-Employee Relationship – The court rejected the petitioners' contention that the workmen were employees of the outsourcing agencies. It was established that the workmen were initially employed directly by the petitioners and that there was no valid contractual basis for transferring their employment to the agencies. The failure to notify the workmen of changes in their employment conditions constituted a violation of their rights​​.

Decision:

The writ petition was dismissed. The court upheld the Labour Court's award, confirming the reinstatement of the workmen with continuity in service and 50% back wages from the date of termination until reinstatement. The court emphasized that the provisions of the Industrial Disputes Act must be strictly followed to protect the rights of workmen​​.

Criminal Law – Attempt to Rape – Section 376/511 IPC – Conviction Altered to Section 354 IPC – The appellant challenged the conviction under Section 376/511 IPC on the grounds that the evidence did not substantiate the charge of attempted rape. The appellant argued that no offence under Section 376/511 IPC was made out as the act did not proceed beyond preparation. The prosecution's case was based on the sole testimony of the prosecutrix, a minor, who stated that the appellant undressed her and himself but did not proceed further. The court found that the appellant's acts were indicative of an intention to outrage the modesty of the prosecutrix rather than an attempt to rape. Therefore, the conviction was altered to Section 354 IPC. [Paras 1-20]

Sentencing – Period Already Undergone – Young Age of Offender – Considering the appellant's age (below 25 at the time of the offence), the long duration since the incident (33 years), and the period already spent in jail (about 2.5 months), the court decided that further incarceration was unwarranted. The appellant was sentenced to the period already undergone. [Paras 21-24]

Decision – Appeal Partly Allowed – The court altered the conviction from Section 376/511 IPC to Section 354 IPC and sentenced the appellant to the period already undergone. The order of the Sessions Judge, Tonk, was modified accordingly. [Paras 24-26]
 

Public Service Commission – Recruitment Process – The court examined the issue of whether the State Government could demand additional proof of practice experience from candidates already selected by the Punjab Public Service Commission (PPSC) for the posts of ADAs and DDAs. It was held that the State Government's demand for further evidence of six court appearances each year was an overreach and not supported by the relevant rules​​.

Selection and Appointment – Role of Public Service Commission – The court emphasized that the PPSC, being a constitutional body, has the primary authority to conduct the selection process. Once the Commission had completed its selection and forwarded the list of candidates, the State's role was limited to verifying the suitability of the candidates regarding their antecedents, medical fitness, and potential issues of impersonation or forgery​​.

Practice Experience – Certification and Verification – The court upheld the learned Single Judge's decision that certificates issued by the Bar Association or Bar Council, indicating enrollment and practice at the Bar, were sufficient. The additional requirement of proving six court appearances each year was deemed unreasonable and unnecessary. It was concluded that self-attestation or an affidavit confirming the candidate's engagement in advocacy was adequate unless there was substantial doubt about the candidate's practice status​​.

Decision:

The appeals were dismissed, and the decision of the learned Single Judge was upheld. The letters dated 02.06.2023 and 05.06.2023 demanding additional evidence of court appearances were quashed. The court directed the State to proceed with the appointments based on the existing certificates provided by the candidates and the recommendations of the PPSC​​.

Income Tax – Search and Seizure – The court examined the validity of the search and seizure operations conducted against Misty Meadows Private Limited. It was found that the search and seizure conducted at the premises of M3M India Limited wrongly included the petitioner company without proper authorization. The search was initiated without a specific authorization for the petitioner, thus rendering subsequent proceedings under Section 153A of the Income Tax Act invalid​​.

Procedural Lapses – The court highlighted that the search and seizure were conducted without proper authorization as mandated by the statute. The inclusion of the petitioner's name in the panchnama prepared during the search at M3M India Limited's premises did not constitute valid authorization for a search against the petitioner. This procedural lapse invalidated the entire basis for subsequent actions under Section 153A​​.

Requirement of Section 153C – The court noted that any material found during a search that pertains to a person other than the one being searched should invoke proceedings under Section 153C, not Section 153A. Since no valid search under Section 132 was conducted against the petitioner, invoking Section 153A was inappropriate. The proper course was to follow the procedure under Section 153C if any incriminating material related to the petitioner was found during the search of M3M India Limited​​.

Evidence Admissibility – The court also addressed the issue of evidence collected through cloning of a laptop, emphasizing compliance with Section 65B of the Indian Evidence Act for admissibility. The court found that such evidence without proper certification and adherence to legal procedures was inadmissible​​.

Decision:

The writ petition was allowed. The court quashed the notice dated 05.01.2018, the assessment order, and the demand notice dated 07.02.2024 issued under Section 153A of the Income Tax Act. The entire proceedings initiated under Section 153A were held to be without jurisdiction and declared non est​​.