Date : 11.11.2024 Heard Mr. P Borthakur, learned Addl. Public Prosecutor, Assam appearing for the State Respondent. Also heard Mr. A Ahmed, learned counsel appearing for respondent No.2. The other respondents are not represented, though notices are duly served.

The present petition is filed under section 378(3) of the Cr.P.C., 1973 praying for leave to appeal against the judgment and order dated 29.05.2012, passed by the learned Addl. Sessions Judge (FTC), Bongaigaon in Sessions Case No.25(J)/2000, acquitting the accused respondent from the charges under section 304/149 IPC.

Perused the grounds of preferring the appeal against acquittal.

...

19. It is clear from the above narrative that none of the documents Page No.# 10/14 produced during the trial answered the description of "the date of birth certificate from the school" or "the matriculation or equivalent certificate"

from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat. In these circumstances, it was incumbent for the prosecution to prove through acceptable medical tests/examination that the victim's age was below 18 years as per Section 94(2)(iii) of the JJ Act. PW-9, Dr. Thenmozhi, Chief Civil Doctor and Radiologist at the General Hospital at Vellore, produced the X-ray reports and deposed that in terms of the examination of M, a certificate was issued stating "that the age of the said girl would be more than 18 years and less than 20 years". In the cross-examination, she admitted that M's age could be taken as 19 years. However, the High Court rejected this evidence, saying that "when the precise date of birth is available from out of the school records, the approximate age estimated by the medical expert cannot be the determining factor". This finding is, in this court's considered view, incorrect and erroneous. As held earlier, the documents produced, i.e., a transfer certificate and extracts of the admission register, are not what Section 94 (2) (i) mandates; nor are they in accord with Section 94 (2)(ii) because DW-1 clearly deposed that there were no records relating to the birth of the victim, M. In these circumstances, the only piece of evidence, accorded with Section 94 of the JJ Act was the medical ossification test, based on several X-Rays of the victim, and on the basis of which PW-9 made her statement. She explained the details regarding examination of the victim's bones, stage of their development and opined that she was between 18-20 years; in cross-examination she said that the age might be 19 years. Given all these circumstances, this court is of the opinion that the result of the ossification or bone test was the most authentic evidence, corroborated by the examining doctor, PW-

by Mr. A. Chandran, Additional Senior Government Advocate, Arunachal Pradesh.

: Mr. D. Saikia, Advocate General, Assam, assisted by Mr. M. Phukan, Public Prosecutor, Assam and Ms. P. Barua, Advocate. : Ms. M. Kechii, Additional Advocate General, Nagaland. : Ms. P. Bhattacharyya, Additional Advocate General, Mizoram.

Page No.# 2/16 Date of Hearing : 04.11.2024 Date of judgment : 11.11.2024 JUDGMENT & ORDER (CAV) (Vijay Bishnoi, CJ)

This first bail application filed by the applicants under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail apprehending their arrest relating to FIR/Crime No.258/2024 dated 03.10.2024 registered at Police Station Navegaon (gramin), District Balaghat for the offence under Sections 126, 132, 121 (1), 296, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023 (wrongly mentioned in the impugned order as B.N.S.S.).

2. Learned senior counsel for the applicants submits that the present applicants have been falsely implicated by the prosecution while alleging inter alia that the complainant who is Patwari, along with one of his associate came to collect the land revenue to the shop of the present applicants, however, instead of paying the land revenue, the present applicants abused and assaulted the complainant, as a result of which, the offences have been NEUTRAL CITATION NO. 2024:MPHC-JBP:55199 2 MCRC-45295-2024 registered against them. It is contended by the senior counsel that the complainant who is working as Patwari was blackmailing the present applicants and in that regard, a complaint was made to the Superintendent of Police, Balaghat on 04.10.2024 which has been brought on record as Annexure A/2. It is further contended by the senior counsel that the present applicants have not committed any offence and the complainant has not sustained any kind of injury, therefore, the said allegations are false and baseless. Thus, counsel submits that the applicant Nos. 1 and 2 are aged about 59 years and the applicant No.3 is son of the applicant Nos. 1 and 2 aged about 30 years having no criminal record, deserve to be enlarged on anticipatory bail.

This is first application filed under Section 483 of B.N.S.S. (S.439 of Cr.P.C.) for grant of bail to the applicant in connection with Crime No. 652 of 2024 registered at Police Station - Kotwali Datia, District Datia (M.P.) for the offences punishable under Sections 296, 115(2), 118(1), 351(3), 331(5) and 3(5) of the BNS.

2. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is in custody since 25/9/2024. It is further argued that present FIR is counterblast of FIR lodged against injured Navalpal by applicant Vishal Pal bearing Crime No. 650/2024. Further submission is that as per allegations applicant/accused along with co-accused Rahul threw Naval Pal on ground and assaulted him with Danda. It is further argued that co-accused person namely Rahul has NEUTRAL CITATION NO. 2024:MPHC-GWL:19406 2 MCRC-45528-2024 already been granted bail by this Court in M.Cr.C. No.43343/2024 and case of the present applicant is at parity with him, hence, he seeks parity and prays for grant of bail to the applicant.

This is repeat (third) application filed by the applicant under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No.407/2023 registered at Police Station Kotwali District Jabalpur (M.P.) for the offences under Sections 328, 109 of the IPC and Sections 18(c), 27 (b)(i) of the Aushadhi Aur Prasadhan Samagri Adhiniyam, Section 8, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Sections 5/13 of the M.P. Drug Control Act, 1949.

This is the first application filed by the applicant under Section 438 of Cr.P.C, 1973 (Section 482 of BNSS, 2023) for grant of anticipatory bail relating to FIR No.401/2024, dated 07.09.2024, registered at Police Station Ashoka Garden, District Bhopal (M.P.) for commission of offence under Sections 296, 115, 118(1), 110, 3(5) of BNS, 2023 and Section 25 of the Arms Act. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.

2. As per the prosecution story, on 06.09.2024, applicant/accused caused injury to Anuj by means of some blunt and hard object while her son Abhishek caused injury by means of knife to the complainant party. FIR was registered.

1. Heard on I.A.No.20559/2024, an application under Section 301(2) of Cr.P.C. seeking permission to assist the Public Prosecutor.

2. On due consideration and the reasons contained in the application, the same is allowed. Shri Vijay Kumar Agrawal, Advocate and his associates are permitted to assist the Public Prosecutor at the time of hearing of this case.

3. The applicant has filed this second repeat application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 01.03.2024 by Police Station Morar, District Gwalior, M.P. relating to Crime No.66/2013 for the offences punishable under Sections 147, 148, 149, 307, 302, 120B of IPC and Sections 25 and 27 of Arms Act. First application was dismissed as withdrawn vide order dated 16.07.2024 passed in M.Cr.C.No.27396/2024.

This is first application filed under Section 483 of B.N.S.S. (S.439 of Cr.P.C.) for grant of bail to the applicants in connection with Crime No. 190 of 2024 registered at Police Station - Sirol, District Gwalior for the offences punishable under Sections 109, 296, 54 and 3(5) of the BNS and sections 25/27 of the Arms Act.

2. Learned counsel for the applicant/accused argued that the applicants are innocent and have been falsely implicated. There is no evidence on record to connect them with the crime. Further submission is that the FIR does not indicate that the applicants were present in the Car. Applicants were arraigned in this case only on account of statement of memorandum. Further submission is that order-sheet of learned trial Court dated 13/9/2024 (Annexure A/2) indicates that until 13/9/2024 no allegations were made against the applicants/accused persons. Even Creta Car does not belong to NEUTRAL CITATION NO. 2024:MPHC-GWL:19418 2 MCRC-45016-2024 the applicants. They are under custody since 21/9/2024. Their custodial interrogation is not required anymore as material investigation has already been concluded. Applicant Aakash is permanent resident of Village Girgaon, Maharajpura, Gwalior, while applicant Rahul is permanent resident of Noorabad, District Morena and there is no likelihood of their absconsion or tampering with the prosecution evdience. They shall abide by all the terms and conditions as may be imposed by this Court. Hence, learned counsel prays for grant of bail to the applicants

1. This criminal appeal (first) under Section 14-(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 18.09.2024 passed by Special Judge (Atrocities) Gwalior, in Bail Application No.2473/2024 whereby the application moved by the appellant for grant of anticipatory bail under Section 482 of BNSS as she is apprehending her arrest in connection with Crime No.81/2023 registered at Police Station Gwalior District Gwalior for the offences punishable under Sections 376, 346, 363, 506, 120-B of IPC and Sections 3(2)(v), 3(2)(va) and 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of bail relating to Crime No. 71 of 2022 registered at Police Station - Tyonda, District Vidisha (M.P.) for the offence under Section 366, 376 (2)(N), 342, 323, 34 of IPC and section 5/6 of POCSO Act.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that applicant is in custody since 13.09.2024. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. It is further argued that entire prosecution story in respect to the present applicant is highly suspicious in the light of the fact that allegedly the incident occurred on 05/04/2022 and the prosecutrix was recovered on 16/04/2022. Thereafter, her statement under section 164 of Cr.P.C. was recorded, in which, she mentioned her age as 20 years. She has also stated that she left NEUTRAL CITATION NO. 2024:MPHC-GWL:19386 2 MCRC-44213-2024 her house on her own volition because she wanted to marry with the present applicant. Her statement under section 164 of Cr.P.C. further indicates that she visited various places along with the applicant, however, she did not raise any alarm or tried to escape from the custody of the applicant. It is further submitted that allegation of human trafficking is not against the present applicant. It is further argued that co-accused Abid has already been acquitted in this case bearing S.T. No. 32/2023 vide judgment dated 10/06/2024. In that case, learned trial court has given specific opinion that the prosecutrix was major at the time of incident. Thus, at the most, this is a case of consensual sexual relationship between two adult persons. The applicant has no criminal antecedents. He is permanent resident of District Raisen (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. He shall abide by all the terms and conditions as may be imposed by this Court. Hence, he prays for grant of bail to the applicant.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant in connection with Crime No. 04 of 2024 registered at Police Station - Nateran, District Vidisha (M.P.) for the offence punishable under Sections 147, 148, 149, 294, 323, 324, 326, 325, 307, 506 of IPC. First application was dismissed on merits vide order dated 24.04.2024 passed in M.Cr.C. No. 16327/2024.

2. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the after withdrawal first bail application, case was listed on many occasion for recording of evidence of injured witnesses. Summons and bailable warrants were issued for appearance of the injured witnesses. However, except 22.08.2024, they failed to appear before the trial Court for recording of evidence, despite they were bound over for next date of hearing. Further submission is that there is delay in trial and lastly on 07.11.2024 two injured witnesses have been examined and remaining 30 enlisted NEUTRAL CITATION NO. 2024:MPHC-GWL:19414 2 MCRC-27381-2024 witnesses are yet to be examined. Applicant has already suffered incarceration more than eight months since 09.02.2024. Allegedly, he inflicted injuries to Arvind by means of pharsa, but no grievous injury is found on his body. As per MLC, the injury are caused by hard and blunt object which belied the version of prosecution about causing injury by sharp cutting object pharsa. The applicant is in custody since 09.02.2024. Since investigation has already been completed, therefore, further custodial interrogation is no more required. The applicant he is permanent resident of District Vidisha (M.P.) and there is no possibility of his absconding or tempering with prosecution case. Hence, he prays for grant of bail to the applicant.

Learned Senior Counsel appearing for the applicant submitted that bail application is filed in name of Shilpa Pathak. He has filed an application (I.A.No.29004/2024) for amendment in record. It is submitted that after marriage name of applicant has been changed to Shilpa Dubey, therefore, he wants to correct the cause title.

2. Considering the aforesaid circumstances, application is allowed.

3. Name of applicant is to be treated as Shilpa Pathak @ Shilpa Dubey.

4. This is second application filed by the applicant under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No.523/2023 registered at Police Station Kotwali, District Jabalpur (M.P.) for the offences under Sections 294, 506, 409, 420, 467, 468, 471, 34 of the Indian Penal Code.

Case diary is available.

2. This application under Section 482 of BNSS, 2023 has been filed for grant of anticipatory bail.

3. The applicant apprehends his arrest in connection with Crime No.61/2024 registered at Police Station Dharkundi,, District Satna for offence under Sections 406, 06, 417, 420, 467, 468, 471, 120B of IPC and Section 13(1)(b) of Prevention of Corruption Act, 1988 R/w Section 13(2) of Prevention of Corruption Act (Amendment) Act, 2018.

4. It is submitted by counsel for petitioner that applicant has filed a Writ Petition No.23452/2024 for transfer of investigation to another Investigating Agency and in that case by order dated 22.08.2024, a Coordinate Bench of this Court has directed that no coercive steps shall be taken against the applicant.

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 483 of B.N.S.S. Act, 2023 (439 of Cr.P.C.). for grant of bail in connection with Crime No. 140/2020 registered at Police Station S.T.F, District Bhopal for commission of offence punishable under Sections 420, 467, 468, 471 and 120-B of the IPC. The applicant is in custody since 25/07/2024 Prosecution story, in short, is that complaint was lodged by one Bharat Singh, who is the President of Dilip Buildcon Limited stating that cheque bearing No. 235994 amounting to Rs.4,200/- has been made and amount of Rs.8,84,62,302/- has been cloned on the aforesaid cheque. The said cheque was submitted for clearance on 02/03/2020 before Punjab National Bank Branch Bandra Mumbai (Maharashtra), where the aforesaid cheque has already been cleared on 20/08/2020 for the said amount of Rs.4,200/-issued in the name of NEUTRAL CITATION NO. 2024:MPHC-JBP:55317 2 MCRC-46936-2024 Subbavarapu Satyanarayan. On the basis of aforesaid complaint, case has been registered against the applicant and other co-accused persons.

IA No. 23672 of 2024, an application under Section 301(2) of CrPC moved on behalf of complainant seeking permission of this Court to assist the prosecution in the matter is taken up, considered and allowed for the reasons mentioned therein. Shri Aditya Ghuraiya, learned counsel appearing for complainant along with his associates is permitted to assist the prosecution in the matter.

This is first application filed by the applicants under Section 482 of BNSS 2023, for grant of anticipatory bail relating to Crime No.146 of 2024 registered at Police Station Pathariya, District Vidisha (M.P.) for the offences punishable under Sections 420, 467, 468 and 34 IPC.

This petition, under Section 482 of CrPC, has been filed for quashing the FIR on the ground of compromise in connection with Crime No.458/2023 registered at Police Station- Kampoo, District Gwalior for the offences punishable under Sections 307, 34 of IPC, and all consequential proceedings arising out of it.

2 . Allegation against the petitioners is that on account of old enmity, they came together and petitioner Daulat fired a gunshot with pistol on the complainant while he was drinking beer in his car but the bullet hit the back gate of the car.

This petition, under Section 482 of CrPC, has been filed for quashing the FIR on the ground of compromise in connection with Crime No.416/2011 registered at Police Station- Bahodapur, District Gwalior for the offences punishable under Sections 420, 467, 468, 471 of IPC, and all consequential proceedings arising out of it.

2 . Allegation against the petitioner is that he along-with other co- accused on the basis of forged power of attorney sold the plot to the complainant.

3. I.A.No.21627/2024 and I.A. No.21628/2024, applications for compromise have been filed by the petitioners as well as respondent No.2 duly supported by their affidavits.

With the consent of the parties, heard finally.

The applicant has filed the present M.Cr.C. under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of F.I.R. No.55/2020 registered at Police Station - Sanyogitaganj, District - Indore for the commission of offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code & Section 3(2)(V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and final report dated 21.04.2020 and all the consequential proceedings arising out of the said F.I.R.

[WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows;

[WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows;

[WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows;

-----------------------------------------------------------

and

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Dated this the 8th day of November, 2024 JUDGMENT/ORDER P.G.Ajithkumar, J.

W.P.(C)No.30142 of 2023: Travancore Devaswom Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1 st respondent Inspector General of Registration to consider and pass appropriate orders on Ext.P8 complaint dated 20.02.2023 made by the Devaswom Commissioner demanding cancellation of registration of deed No.1715/2015 with regard to the property having an extent of 32 cents in Sy.No.200/20 in Karode Village. The petitioner has also sought consequential reliefs.

Dated this the 08th day of November, 2024 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the 1st accused in Crime No.796/2024 of the Neyyattinkara Police Station, Thiruvananthapuram, which is registered against the accused persons for allegedly committing the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, 1860. The petitioner was remanded to judicial custody on 08.09.2024.

2. The crux of the prosecution case is that, on 11.06.2024, at 11:45 hours, the accused 1 to 3 had pledged spurious gold ornaments, weighing 16.150 grams, with the defacto complainant and received Rs.69,000/-. Thus, the accused have committed the above offence.

The Court:- This appeal is arising out of an order rejecting an application for judgment upon admission filed under Order 13A of the Commercial Courts Act, 2015. This order is not appealable in terms of Section 13 of the Commercial Courts Act, 2015. Learned Counsel appearing on behalf of the appellant has fairly conceded that the appeal is not maintainable.

Hence the appeal is dismissed as not maintainable. The original certified copy shall be returned to the appellant by the Department concerned after retaining a photocopy of the same in order to enable the appellant to take appropriate steps in accordance with law.

(SOUMEN SEN, J.) (APURBA SINHA RAY, J.) mg

1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 121, dated 08.08.2023, under Sections 307, 379-B(2), 411, 473 of IPC and Sections 25/27 of Arms Act, registered at Police Station Dakha, District Ludhiana Rural.

2. Facts Facts as narrated in the FIR reads as under:-

"Statement of Rahul Rathore son of Satpal Rathore son of Kabrika Singh resident of Back side of Rythem Place, Mandi Mullanpur PS Dakha, Tehsil and District Ludhiana, aged about 23 years, Mobile no:

82831-59149, it is stated that I am resident of above mentioned 1 of 8 Neutral Citation No:=2024:PHHC:145836 address and I started learning the work of denting-painting after passing my 10th class in year 2015-16. Now I have one workshop situated near Mini Holland, Mandi Mullanpur under the name and style of B.R Motors. Yesterday 07.08.2023 at about 4:40 PM I took my car make Swift bearing registration number PB-22H-9291 whose denting-painting work was pending to Car Bazar, Ayali Chowk, Ludhiana from my workshop and at about 5:20 PM I took my car from said Car Bazaar and was going to Mullanpur and on my way I took some smoking material (Cigarettes-Bidi etc.) from one Khokha Shop) situated on the left side of PTCE Badowal from Railway Crossing Badowal and I along with my friend namely Sagar @ Bhalu resident of Mandi Mullanpur in said car make Swift were smoking, meanwhile two young persons dressed as Nihang Sikhs came near our car and they were standing there and they got stopped us and asked that where are you going, on which I told them that we are going to Mullanpur. They told me that our motorcycle is out of fuel and kindly took us along with you. On which I took both the said Nihang Sikhs along in my car and we left from there. Meanwhile when we reached at main GT Road and turned towards Mullanpur City then one of the Nihang Sikh called to some person and told that our motorcycle is out of fuel, kindly refill the fuel and stand near PTCE Badowal and get me communicate with that Khokha (shop) owner and took motorcycle from there. Thereafter when my car reached in front of the Baba Zahir Bali Badhowal then the Nihang Sikh who was sitting on the back seat took out his pistol and pointed it towards the temple of my friends namely Sagar @ Bhalu. I stopped my vehicle, on which my friend namely Sagar @ Bhalu ran away towards backside after opening the door of the car and both the Nihang Sikhs present in the car told that get out from the car otherwise we will shoot you. I protested for the same then the Nihang Sikh sitting on the back seat of the car opened a fire shot of his pistol towards me and it hit on the bicep of my left arm and pierced through it and the other Nihang Sikh pulled me out from the car by opening the door and took me out from the car and both the said Nihang Sikh snatched my car make swift bearing registration number PB-22H-9291 and ran 2 of 8 Neutral Citation No:=2024:PHHC:145836 away towards Mullanpur Mandi Side. There was flow of blood from my arm, due to which several passers-by got together at the spot and I took lift from some motorcycle rider and reached at my workshop at Mullanpur Dhaka, Where one Birbal took me to Civil Hospital Sudhar in his car make Creta. They referred me further to Civil Hospital Ludhiana and from there I was got admitted to Bhiwan Hospital, Kaccha Malk road, Jagraon by my father namely Satpal Rathore after arranging a vehicle. Here my treatment is going on. Kindly take required legal action against both the said unknown Nihang Sikhs. I have got recorded my statement to you, heard it as correct. SD/- Rahul verified by SD/- Satpal Rathore attested SD/ - Dharminder Singh ASI PS Dhaka dated 08.08.2023"

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Date : 12-11-2024 In the instant petition, petitioner has prayed for the following relief(s):-

(i) For issuance of the appropriate writ/writs, order/orders or direction/directions to the respondent authorities to upload the revenue details of the piece of the Land situated under Mauja- Katari, Thana No.182, Khata No.297, Plot No.189, Area 74 decimal on the Website of the Revenue Department, Government of Bihar and issue online Revenue Receipts with regard to aforesaid Land in favour of petitioner.

has held that the writ petition is not maintainable in Patna High Court CWJC No.5157 of 2020 dt.11-11-2024 view of the judgment rendered by this Court in Sidheshwar Prasad (supra) as also the decision of the learned Division Bench of this Court in the case of Rajeshwar Prasad v. The State of Bihar and Others [L.P.A. No. 822 of 2015] and accordingly it was disposed off giving liberty to the petitioner of the said writ petition to file appropriate petition under the Act, 1947. The copy of the said order has also been brought on record as Annexure-E to the supplementary counter affidavit.

6. Dr. Anand, learned counsel for the Corporation also countered the submissions of the learned counsel for the petitioner on the point of merit(s).

1. Brief facts of this case are that on 05-05-2015 at about 2:15 pm, an information was received at PS New Usmanpur through PCR van B-52 that niece of caller has been thrown off the stairs by her husband at H. No. 22/23, Gali no. 2, G-Block, Shastri Park, Delhi. The information was reduced into writing vide DD no. 42B (Ex. PW1/A) and the same was marked to SI Dharmender (hereinafter referred to as first IO/ investigating officer). Thereafter, IO along with HC Sudhir and Ct. Rahul reached at the spot i.e. H. No. G-48, Gali no. 2, Shastri Park, Delhi where they found that a 30 years old lady was lying dead and there was an injury mark on her neck. The family members of the said deceased were present there. The father of deceased namely Sh. Om Prakash informed that dead body was of his daughter namely Hemlata, who got married about 6½ years ago. Crime Team and photographer were called and spot was got photographed from different angles. Sh. Rajesh Dhawal, who was looking after the work of SDM Seelampur, had arrived and recorded statement of Sh. Om Prakash, father of deceased. Sh. Om Prakash stated that he was residing at 313A, Neelam Bata Road, AC Nagar, Faridabad. The deceased Hemlata was her second number child amongst four children. His daughter got married with Radhey Shyam s/o late Sh. Makhan Lal about 6½ years ago. The matrimonial life of her daughter was not good. His son-in-law namely Radhey Shyam had started making demands of money after marriage. There used to be continuous quarrel between the couple. His daughter was unhappy for the last six years. They tried to console her but she used to abuse them. His son-in-law was indulged in bad activities and committed various criminal offences which includes theft and stabbing. Every time his daughter used to call him, she stated that her husband used to intimidate her. There were two children out of the wedlock. His daughter Hemlata used to report telephonically to him that her mother-in-law and younger brother-in-law Vicky also used to fight with her and used to snap electricity supply. On 05-05-2015, at about 11 am, his son Rohtash had received a phone call of mother-in-law of Hemlata, who stated that something wrong has happened with Hemlata. When he called them after some time, she stated that his daughter Hemlata is unwell. When they reached the matrimonial house of his deceased daughter, then the mother-in-law of deceased daughter stated that his daughter had fallen from stairs. His son- in-law was also present on the second floor of the house and he did not bother to come downstairs. He asked the mother-in-law of the deceased as to why they had not taken her to hospital if she had fallen from stairs to which she did not give any satisfactory explanation. He noticed injury mark on the neck of his deceased daughter. He immediately called at 100 number. He stated that it appeared that her daughter Hemlata had been killed by her husband, mother-in-law and brother-in-law. After recording the above-stated statement, Sh. Rajesh Dhawal immediately directed the IO to take action as per law and to proceed for postmortem of deceased. The dead body was sent to mortuary of GTB hospital under the supervision of Ct. Rahul. The IO prepared rukka and got the present FIR registered u/s 498A/304B/34 of IPC. Thereafter, SDM proceeded to record statement of mother of deceased namely Meera Devi, who also levelled similar allegations against the in-laws of the deceased as levelled by father of the deceased. The site plan of the spot was prepared by the IO. The accused Radhey Shyam was arrested and his disclosure statement was recorded. Pointing out of place of incident was prepared. On 06-05-2015, lady Ct. had removed the articles worn by the dead body and the same were handed over to the IO, who prepared pulanda and thereafter, took the same into police possession. Postmortem of the deceased was conducted under the supervision of Executive Magistrate. After conclusion of postmortem, dead body was handed over to the father of deceased Om Prakash. At that stage, Section 302 of IPC was added. PC remand of the accused was obtained and during PC remand, accused Radhey Shyam confessed that he committed murder of deceased Hemlata after strangulating her with nylon chunni. The accused got recovered the said nylon chunni from first floor of his house which was seized vide seizure memo Ex.PW6/B. The said nylon chunni was 64 inch long and 2 inch in width. The said chunni was tied with a black colour thread at one of its end which was 17 inch in length. Accused Gyan Devi and Hari Shankar @ Vicky were being searched but they were not found. Accused Radhey Shyam was got medically examined at JPC hospital. During medical examination, doctor concerned had handed over one pulanda containing blood sample on gauze of accused to police, which was seized vide seizure memo Ex. PW29/B. On 09-05-2014, the investigation of the present case was marked to Inspector Mahavir Singh (hereinafter referred as second IO). On 18-05-2015, the second IO had obtained viscera of the deceased, nail clippings with seal of JSV from mortuary of GTB hospital. Same were seized by the IO vide seizure memo Ex. PW30/A. On 25-05-2015, the complainant Om Prakash had handed over photographs of the marriage, marriage card, receipt of motorcycle given in marriage, photocopy of insurance, photographs of motorcycle and list of dowry articles, CD/DVD of marriage to the IO. Same were seized vide seizure memo Ex.PW3/E. On 13-06-2015, postmortem report along with one sealed report with seal of JSV was collected from GTB hospital. In the PM report, cause of death of deceased was opined as asphyxia as the result of antemortem ligature strangulation. Subsequent opinion regarding use of recovered nylon chunni was obtained from the autopsy surgeon wherein the doctor concerned had opined that ligature mark present around neck of deceased corresponds with the alleged ligature material given for examination. The photographs and crime scene inspection report were received. On 28-07-2015, the exhibits were sent to FSL Rohini for opinion. On the same day, the IO got verified one complaint filed by the deceased Hemlata in the year 2010 to CAW Cell, Faridabad. IO got prepared scaled site plan through Inspector Mahesh Kumar. Since the accused Gyan Devi and Vicky were evading their arrest, the IO obtained their NBWs from the concerned court on 02-07-2015. On 30-07-2015, accused Gyan Devi and Vicky had surrendered themselves in the court, they were formally arrested and interrogated. Their disclosure statements were recorded separately. Their PC remand was obtained wherein they pointed out the place of incident. After completion of necessary formalities, charge-sheet was filed in the Court of Ld. Ilaqa MM.

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The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

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The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O.Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif.

https://www.mhc.tn.gov.in/judis This writ petition is filed seeking mandamus to direct the respondents to recompute the pensionary benefits to the petitioners, who are all retired from service under the 2nd respondent management on the basis of average salary drawn by them for the last 10 months prior to their retirement and also direct the second respondent to pay arrears of pension.

2. The facts in brief in this writ petition are that the petitioners originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with ICICI Bank Limited, the 2nd respondent herein by the Scheme of amalgamation with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of ICICI Bank Limited however, all the service conditions of the employees of Bank of Madura are protected.

11.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Senior learned counsel for the Petitioner and learned Counsel for the State as well as learned counsel for the Informant. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 34 of I.P.C. and Sections 66(C), 66(D) of I.T. Act in C.T. Case No.399 of 2024 of the Court of learned S.D.J.M., Bhubaneswar arising out of Cyber Crime P.S. Case No.11 of 2024.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Puruna Bazar P.S. Case No.79 of 2017 corresponding to G.R. Case No.765 of 2017 pending in the Court of learned J.M.F.C. (Cog.-I), Bhadrak for alleged commission of offences under sections 147/148/294/454/427/395/436/153-A/506/ 149 of the I.P.C.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that first information report was not lodged against the petitioner but subsequently, he has been entangled in this case and similarly situated co-accused, namely, Sk. Bhalu has been directed to be released on anticipatory bail by this Court in ABLAPL No.8038 of 2017 vide order dated 12.07.2017 and on hearing learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

1. These applications raise an issue of jurisdiction of this Court, primarily, and were, therefore, heard together and are decided by this common order.

Interim Application (L) No. 30893 of 2022 -

2. This is an application for amendment in the petition for grant ial-30893-2022.doc of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar (the deceased) so as to include additional movable and immovable properties enumerated in the schedule annexed at Exhibit A to the application.

1. Revision Application is allowed.

2. The order of Competent Authority Konkan Division in case No.178 of 2023 dated 06.08.2024 is set aside.

3. The Parties be informed accordingly.

24) Thus, the Revisional Authority has relied upon Section 55 of the MRC Act for accepting the contention of the licensee that in absence of registration of the licence agreement, her version of ___Page No.19 of 33___ 12 November 2024 Megha 908_wp_14856_2024_fc.docx licence being granted for commercial use would prevail. Section 55 of the Act provides for providing for compulsory registration of tenancy agreement and consequences of non-registration. Section 55 provides as under:

Through: -

Ms. Sufaya, Advocate vice Mr. T. M. Shamsi, DSGI CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The minor petitioner was born on 5th October, 2011. The case set up by the petitioner is that at the time of his birth his uncle told his biological father that since he did not have any issue, he would adopt him and, therefore, his uncle got his name entered in the parentage column of his date of birth certificate.

12.11.2024 The petitioners, through the medium of instant petition, has called in question Order No. 233 PDA of 2024 dated 6th November, 2024, passed by the Chief Executive Officer, Pahalgam Development Authority-respondent no. 3, by virtue of which, all the adventure activities in Pahalgam permitted by the Director Tourism Kashmir vide No. DTK/Rec/3/2022-06/2747 dated 18th May, 2022, TDK/Rec/3/2022-06/2856 dated 29th June, 2022 and DTK/Rec/3/2022-06/3030 dated 6th February, 2023 have been suspended till formalities are fulfilled by the adventure agencies. The order further reveals that all concerned site incharges of Pahalgam Development Authority shall ensure suspension of the adventure activities with immediate effect.

08.11.2024

1. The short grievance of the petitioners is sourced to an order No. 141 of 2007 dated 28.11.2007 in terms whereof they along with three other persons namely Imtiyaz Ahmad Beigh, Bashir Ahmad Bhat and Rachi Pal came to be promoted on regular basis to the posts of Electrician in the pay scale of Rs. 3050-4820 in the Jammu and Kashmir Projects Construction Corporation Limited.

2. In far as the original date of appointment of the petitioners in the service is concerned, the petitioner No. 1 Mohammad Shafi Dar is appointee of 1st April, 1994, the petitioner No. 2 Abdul Gani Rather of 1st April1994 in Jammu and Kashmir Projects Construction Corporation Limited, whereas the respondent No. 5 Imtiyaz Ahmad Beigh is an appointee of 1st July, 1996.

11-11-2024

1. Perusal of the record reveals that vide order dated 17th May, 2024 respondent no. 4 (State of J & K through Commissioner/Secretary to Government Revenue Department Civil Secretariat Srinagar/Jammu) and respondent no. 5 (Assistant Commissioner) were granted four weeks' time for filing reply, subject to payment of costs of Rs. 3000/-(three thousand) to be deposited in the Advocates Welfare Fund. Since the needful was not done, this Court vide order dated 3rd April, 2024 granted last and final opportunity to said respondents for doing needful, subject to payment of costs of Rs. 5000/ (five thousand) (inadvertently mentioned in order dated 16th October, 2024 as 50000/-) which order was also not complied with and in the aforesaid backdrop, this Court vide order dated 16th October, 2024 directed respondents 4 and 5 to appear before this Court on the next date fixed and to file an affidavit stating therein reasons for not complying orders passed by this Court mentioned supra.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The subject matter of this petition falls within the definition of 'service matters' as contained in Section 3(q) of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), which has become applicable to the Union Territories of Jammu and Kashmir and Ladakh, after coming into force of the Jammu and Kashmir Re-

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The present petition in terms of Section 482 Cr.PC came to be preferred by the petitioner namely Farooq Ahmad Dar through his brother Ali Mohammad Dar.

At the motion stage this Court vide order dated 17.11.2023, called upon the petitioner to address regarding maintainability of the present petition. thereafter, none has turned up for further prosecution of the case.

08.11.2024 None appears for the respondent despite service. Heard learned counsel for the petitioner and perused the record.

1. In the instant petition, the petitioner has challenged order dated 11th April 2022 passed by the court of Forest Magistrate, Srinagar, in the complaint filed by the respondent herein against the petitioner herein for commission of offences under section 138 Negotiable Instrument Act, 1881.

2. Perusal of the impugned order ex facie tends to show that the trial court has passed the impugned order in a casual and cursory manner, overlooking the mandate of the Apex court laid down in case titled as "Pepsi Food Ltd. and another vs. Special Judicial Magistrate and others reported in (1998) 5 SCC 749 wherein at para 28 following has been laid down:

This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dated 29.06.2017 passed in S.C.No.762/2014 by the LIII Additional City Civil and Sessions Judge, Bengaluru, whereunder the appellant -accused has been convicted for offences punishable under Sections 376 and 417 of Indian Penal Code (hereinafter referred to as "IPC" for brevity) and sentenced to undergo rigorous imprisonment for a period of 07 years and pay fine of Rs.1,00,000/- for offence punishable under Section 376 of IPC and sentenced to undergo rigorous imprisonment for a period of 01 years offence punishable under Section 417 of IPC.

12.11.2024 jb.

jdt.

Allowed C.R.M. (SB) 150 of 2024 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chandipur Police Station Case No. 31/2022 dated 06.02.2022 under Section 380 with added Section 411 of the Indian Penal Code.

And In Re : Prasanta Jana ... Petitioner.

Mr. Ayan Basu Mr. Sandip Kr. Mondal Mr. Sumit Routh ... For the Petitioner.

Nobody appears for the petitioners.

2. Accordingly, the application for anticipatory bail is dismissed for default.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM