1. In both appeals, exception has been taken to the judgment and order dated 29.09.2005 passed by learned Special Judge, Osmanabad in Special Case (AC) No. 4 of 2003 recording guilt of appellants for offence punishable under sections 7, 13(1)(d) r/w 13(2) and Section 12 of the Prevention of Corruption Act, 1988 [PC Act] respectively.

CASE OF PROSECUTION IN BRIEF

2. In brief, case of prosecution is that anti corruption department received complaint from PW1 Chandrakant, who reported that one Regular Criminal Case was on the file of learned JMFC, Kallam against Gorba Sukale and three others, at his instance. In that connection, informant had approached accused no.1, who was Assistant Public Prosecutor [APP] in said court, and appellant accused demanded Rs.1,000/- to put up the case properly before the court and to take further steps of issuing warrant. Unwillingly, PW1 paid part amount and balance of Rs.500/- was decided to be paid later on. As he was not willing to pay illegal gratification, he lodged report Exhibit 54, which was entertained by PW6 Dy.S.P. Gavali, and on the strength of the same, he arranged panchas, planned trap, prepared pre-trap panchanama Exhibit 35, gave necessary instructions to the CriAppeal-704-2005+ complainant and the shadow pancha. On their instructions, both, complainant and shadow pancha, visited court. There, accused no.1 demanded illegal gratification and when informant was paying the same, it was directed to be paid to accused no.2, after which pre- determined signal was relayed by informant, leading to further trap and apprehension of accused persons. Thereafter, PW6 lodged report, carried out investigation, chargesheeted both accused, who were made to face trial before learned Special Judge vide above referred Special Case No. 4 of 2003 and on appreciating prosecution evidence as well as defence witnesses, learned trial Judge, by impugned order dated 29.09.2005, held both accused guilty of offence punishable under Sections 7, 13(1)(d) r/w 13(2) and Section 12 of the PC Act, respectively. Said judgment is now subject matter of the appeals before this Court.

1. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

1. By order dated 3rd July 2024, the following substantial questions of law were framed for hearing the Second Appeal finally at the admission stage :

(i) Whether the First Appellate Court could have enhanced the quantum of the plaintiff's claim in the absence of any cross-

appeal or cross-objection preferred by the plaintiff ?

(ii) Whether the quantum regarding the claim of the plaintiff decreed by both the Courts is on correct appreciation of the Surveyor's report at Exhibit-59, relied upon by the appellant ?

(iii) Whether the appellant proved that there was any fraud committed by the plaintiff at the time of submitting the claim ?

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1. This is an appeal challenging the judgment and order of the Additional Sessions Judge, Nagpur in Sessions Trial No.39/2018 (State Vs. Kamlesh Dube and Others) thereby questioning the legality of judgment and order of convicting both the appellants under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 302 2 cr.appeal.128.2022-JF.odt read with Section 34 of the Indian Penal Code, and sentencing both of them for life imprisonment alongwith fine of Rs.5000/- in default to suffer 3 months imprisonment.

2. The facts in short are as under :

On 19.09.2017, one Sumit Kamble died at about 1.46 p.m. It is alleged that appellant Kamlesh Dube and Shekhar Dube committed his murder. It is the prosecution case that both accused and the deceased were working as a driver on garbage vehicle at Kanak Resources Company. On the day of incident i.e. on 19.09.2017 at about 1.46 p.m. Sumit along with his friend Rahul and Yogiraj went to the Bhandewadi Dumping Yard by riding on the motorcycle of Sumit. At said place, the sister of informant Rahul and other women were picking the garbage. Kamlesh and Shekhar both accused also went there to unload the garbage by their garbage vehicle. Kamlesh was on driving seat whilst Shekhar was sitting beside him. Kamlesh has married with the sister of deceased Sumit. Kamlesh and sister of Sumit namely Tanu were having love affair, which was not liked by Sumit. Both of them ran away and performed marriage before 15 days. On their return, sister of Sumit was staying with Kamlesh. Because of said marriage, there was dispute between Kamlesh and Sumit. They used to quarrel with each other. On the date of occurrence, when Sumit saw Kamlesh, he went to him and there was hot exchange of words between them. At that time, Shekhar alighted from truck and assaulted Sumit with

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.

(PER: VINAY JOSHI, J.) Heard.

2. This appeal arises out of judgment and order dated 01.08.2023 rendered by the Additional Sessions Judge, Wardha in Special (Atro.) Case No. 36/2019, whereby appellant/accused was convicted for the offence punishable under Sections 302 and 447 of the Indian Penal Code ("IPC") read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ("SC and ST Act"). The appellant was sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/- with default clause for the offence punishable under Section 302 of the IPC read with Section 3(2)(v) of the SC and ST Act whilst he was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- for the offence punishable under Section 447 of the IPC. Both sentence were directed to run concurrently.

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:

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CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The short grievance projected by the petitioner, who is present person in the Court, is that he has e-mailed various complaints to the respondents with respect to outcome of the investigation, pertaining to FIR No. 114/2022, however, the same has not evoked any response till date. The petitioner submits that he will be satisfied if the concerned authorities are directed to accord consideration and dispose of the said complaints as per law and report in this respect is furnished to him.

08.11.2024

1. This writ petition came out for its maiden hearing on 28th October, 2024, when this Court came across with a recital made in the writ petition that all the petitioners have already ventured with writ petitions before this Court and there are interim directions operating in those pending writ petitions in violation whereof order impugned in the present writ petition came to be passed.

2. Accordingly, this Court came to direct the learned counsel for the petitioners to place on record copies of the writ petitions related to the writ petitioners herein which are said to be pending before this Court.

3. In order to get out of the rigor of the order dated 28th October, 2024, the petitioners are stated to have even ventured in letters patent appeal which came to be dismissed as withdrawn and this is how today the learned counsel for the petitioners is back to square one with the direction still operating for the petitioners to produce all the writ petitions related to them and pending before this Court.

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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.

11.11.2024

1. The petitioner has sought the quashing of the recommendations made by the State Level Evaluation Committee (SLEC) in its 4th meeting held on 09.10.2024, whereby the petitioner's technical bid was marked as "non-responsive." This decision was based solely on the ground that the petitioner did not fulfill the criteria specified under Clause 2.2.2.5(iv), "...iv. In case of project executed by applicant under category 3 and 4 as a member of Joint Venture, the project cost should be restricted to the share of the applicant in the joint venture for determining eligibility as per provision under Clause 2.2.2.2. In case statutory auditor certifies that the work of other member(s) is also executed by the applicant, then the total share executed by applicant can be considered for determining eligibility as per provision under clause 2.2.2.2"

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None CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 11.11.2024 This is an application filed by the petitioners to place on record the documents.

For the reasons stated in the application, coupled with the submissions made at Bar, by learned counsel for the petitioners, the same is allowed and the documents are taken on record.

11.11.2024

1. The petitioner being a consolidated worker engaged by the Municipal Committee, Handwara came to be terminated/disengaged from service with immediate effect in terms of impugned order No. MC/Hand/Estt/2022-23/32-36 dated 06.04.2023 by the Executive Officer, Municipal Committee, Handwara. This order is under challenge in the present writ petition by the petitioner.

2. In terms of an order dated 12.04.2023, this Court came to keep on hold the operation of the impugned order dated 06.04.2023, with a further interim direction unto the respondents to allow the petitioner to continue as a consolidated worker in terms of his original engagement order dated 30.12.2006.

12.11.2024 The instant application has been preferred by the applicants for seeking a direction to summon the copy of challan from the court of Judicial Magistrate, Chadoosa. It has been brought to the notice of this Court by learned counsel for the applicants that they have already moved an application way back on 6th October, 2023 before the competent court for providing certified copy of the challan as also the statements recorded under Sections 161 and 164 Cr.P.C. besides copy of the proceedings, but till date needful has not been done.

The CM is, accordingly, disposed of and Registry is directed to seek report of the particular court as to why till date in spite of filing of the application, the needful has not been done.

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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-

08-11-2024

1. The petitioner-unit through its proprietor by the medium of present writ petition filed under Article 226 of the Constitution of India has challenged order no. 187 JK PCC of 2024 dated 15th October, 2024, whereby respondent no. 5 has directed to close down the stone crusher of the petitioner-unit under the name and style of M/s Goodluck Stone Crusher, Lasjan Chadoora B.K. Pora, District Budgam. In terms of the said order, respondent no. 5, has also directed the other respondents to take further action against the unit of the petitioner as mentioned in the impugned order.

2. Learned counsel for the petitioner, at the outset, places reliance on an order dated 13th July, 2024 passed by a Coordinate Bench of this Court in an identical matter being WP(C) No. 1418/2024 and submits that the case of the petitioner is identical to the aforesaid case and accordingly prayed that the same order be passed in the present writ petition as well with a view to maintain parity.

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Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 Vide common Judgment dated 26.05.2022, passed by this Court in SWP No. 1002/2018 titled Tasleema Jan Vs. State and Ors., and SWP No. 876/2015, titled Roomi Akhter Vs. State and Ors., following directions were passed against the resondents.

"i) The respondents shall consider the claim of both the candidates, Roomi Akhter and Tasleema Jan, in respect of their engagement as Angan Wari Worker for the Anganwadi Centre in question. Both the petitioners shall be associated with the consideration process by allowing them to put forward their stand effectively.

11.11.2024 Ms. Rasheeda Shaheen, Advocate was appearing on behalf of the contesting respondents No. 1 to 3. Learned counsel submits that the respondent No. 2-Showkat Ali Para has expired and is now representing the respondent No. 1 & 3.

Let requisite application along with death certificate for bringing on record the legal representatives of the respondent No.2-Showkat Ali Para be submitted by the legal representatives of the respondent No. 2 for the purpose of contesting the case of the petitioners.

In the meantime, an application CM 733/2024 has come to be preferred on behalf of the respondent No. 1 & 3 with respondent No. 2 being no more, as such, cannot be referred for the purpose of being an applicant seeking release of the awarded amount as awarded by the Assistant Labour Commissioner under Minimum Wages Act, 1948.

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:

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Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The petitioner is aggrieved of order dated 195-JKPCC of 2024 dated 16.10.2024, by virtue of which the stone crusher unit of the petitioner has been directed to be closed by respondent No. 2 on the ground that the petitioner has failed to produce the requisite documents from the revenue department as per Rule 10 of S.O. 60 of 2021 dated 23.02.2021 without valid consent from the J&K Pollution Control Committee and that the unit of the petitioner is being run in violation of Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. By virtue of the impugned order, respondent No. 3 has also been directed to de-register the stone crusher of the petitioner.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The petitioner is aggrieved of order dated 212-JKPCC of 2024 dated 18.10.2024, by virtue of which the stone crusher unit of the petitioner has been directed to be closed by respondent No. 2 on the ground that the petitioner has failed to produce the requisite documents from the revenue department as per Rule 10 of S.O. 60 of 2021 dated 23.02.2021 without valid consent from the J&K Pollution Control Committee and that the unit of the petitioner is being run in violation of Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. By virtue of the impugned order, respondent No. 3 has also been directed to de-register the stone crusher of the petitioner.

Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Heard Sri.Madhavachar M., learned Counsel for the revision petitioner and Sri. Kashyap N. Naik, learned Counsel for the respondent.

2. The accused, who suffered an order of conviction passed in C.C.No.52961/2017 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I.Act', for short) and confirmed in Crl.A.No.25159/2021, has filed present revision petition.

3. The facts in brief which are utmost necessary for disposal of the revision petition are as under;

A complaint came to be lodged under Section 200 of Cr.P.C., by the complainant alleging the commission of the offence punishable under Section 138 of the N.I.Act, against the accused contending that the complainant had entered into a Partnership Agreement dated 10.07.2014 NC: 2024:KHC:44402 with the accused for a period of one year commencing from 14.07.2014 to 30.06.2015 to engage and run the business of sale, marketing of alcoholic and non-alcoholic drinks, etc, in the name of and style of "Quality MRP Shop", which was licenced in the name of Sri.C.M.Kumar, at Madikeri. A sum of Rs.10,00,000/- was invested by the complainant as capital for running the said business in the partnership and also additional amount was paid by the complainant at the request of the accused.

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') to grant him anticipatory bail in Crime No.126/2024 of respondent Police Station for the offences punishable under Sections of 406, 419, 420 r/w 149 of Indian Penal Code.

2. In support of his petition, petitioner has contended that he has not committed the alleged offences and has been falsely implicated. He is innocent and law abiding citizen. He has not involved in any other criminal case. Though the alleged offences are non bailable, they are not punishable with death or imprisonment for life. The complaint is an after thought cock and bull story created by the complainant. The alleged incident has taken place on 27.06.2024, but complaint is filed on 10.07.2024. The inordinate delay in filing the complaint is not explained.

Petitioners are seeking quashing of the charge-sheet filed in C.C.No.503/2023 and the order dated 08.06.2023 passed by the Court of Civil Judge and JMFC, Deodurga, taking cognizance of offences punishable under Section 171 (f) of IPC, Sections 177 and 192 (A) of IMV Act, 1988 and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

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NC: 2024:KHC-K:8071

02. In brief, the charge-sheet allegations are that, petitioners being the driver and owner of an Ambulance bearing Reg.No.KA-05-AK-6853 has exhibited a photo of one Sri. Shivanagouda Nayak, a BJP candidate and the said Ambulance was parked in front of Nadagoud Hospital, Arakera.

Petitioners who were arrayed as accused Nos.2 to 6 in CC No.15405/2005 as per the order dated 05.12.2014 passed by the learned Chief Metropolitan Magistrate, Bengaluru, are NC: 2024:KHC:44458 seeking to quash the criminal proceedings initiated against them.

2. Brief facts of the case are that, respondent No.2 as complainant filed the private complaint in PCR No.3599/2004 against accused Nos.1 to 5 alleging commission of the offence punishable under Sections 420, 468, 471 and 506(2) R/w Section 34 of IPC. It is alleged by the complainant that accused No.1 was working as village accountant. He was having real- estate dealings in the name of his wife, sons, son-in-law and daughter. Accused No.1 is the brother-in-law of the complainant and he induced the complainant and his colleagues to invest in the land in Sy.No.152 of Yelahanka village. He executed General Power of Attorney in favour of his son- accused No.4. Accused Nos.1 to 4 took the complainant and his wife to the land in Yelahanka and induced the complainant to purchase a site. Accordingly, the complainant agreed to purchase the site and paid Rs.1,00,000/- to accused No.1 during May 1998. Later, the accused have shown a brochure pertaining to the land situated at Ramanagara, near Mysore road and promised to develop the same as a resort under the name of Aradhya Scientific Farms and Resorts International.

The judgment and order dated 18.12.2017 passed by the Court of Sessions Judge, Special Court at Yadagiri in NC: 2024:KHC-K:8145 Special Case No.45/2015 is assailed in this appeal by the accused.

2. Heard the learned counsel for appellant, learned High Court Government Pleader for respondent/State and perused the evidence and material on record.

3. Charges were framed against the accused/ appellant for offences punishable under Sections 323, 354(A)(1), 504 of IPC and Section 3(1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. The case of the prosecution is that on 09.06.2015 at about 11.00 a.m., when the complainant/PW-1 was proceeding towards the canal in Nagaral village to wash the clothes, the accused held her hands, abused her as 'le holeya sule' and called her to sleep with him and when she resisted, he dragged her by holding her tuft, assaulted on her back with his hands and thereby committed the charged offences.

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.

1. This First Appeal is filed by defendants No.2 to 4 in O.S.No.145/2014, on the file of the Principal Senior Civil Judge, Gokak. The suit for declaration and injunction is decreed with cost.

2. The declaration granted by the Court reads as under:

i. Suit of the plaintiffs is decreed with costs. ii. It is declared that, the decree passed in O.S.No.58/2008 is partially canceled to the extent of suit property.

iii. Defendants No.2 to 4 are hereby restrained by an order of permanent injunction from entering their names in record of rights of suit property on the basis of compromise decree passed in O.S.No.58/2008.

(PER: HON'BLE MR. JUSTICE C M JOSHI) This appeal is filed by the appellant /accused seeking to set aside the order of conviction and sentence dated 14.09.2023 and 16.09.2023 passed by the Special Judge and Principal District and Sessions Judge, Bidar, in Special Case (PC) No.25/2015 convicting him for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of P.C. Act, 1988 and sentencing him to undergo simple imprisonment for a period of 4 years for the offence punishable under Section 13(1)(d) read with Section 13(2) of P.C. Act, 1988 and fine of Rs.1,00,000/- and to undergo simple imprisonment for period of 3 years and to pay fine of Rs.50,000/- for the offence punishable NC: 2024:KHC-K:8245 under Section 7 of P.C.Act, 1988, with adequate default sentences and that he may be acquitted.

IN RE: B.K.NAGARAJAPPA

6. The petitioner Sri B.K.Nagarajappa had served the Corporation between 05.04.2021 to 30.06.2022 as General Manager. Previous approval has been granted for the purpose of investigation as regards the following:

NC: 2024:KHC:45706 PÀæ.¸ÀA ¥Éưøï oÁuÉ C¥ÀgÁzsÀ ¸ÀASÉå 1 PÀ®§ÄVð f¯Éè, PÁ¼ÀV ªÉÆ.¸ÀA.79/2022 gÀ PÀ®A ¥Éưøï oÁuÉ 406, 409, 420, gÉ/« 34 L¦¹ 2 ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¹zÁÝ¥ÀÄgÀ ªÉÆ.¸ÀA.56/2023, PÀ®A ¥Éưøï oÁuÉ 406, 420 ¸ÀºÀ 149 L¦¹ 3 ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè ªÉÆ.¸ÀA.07/2023, PÀ®A-

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1.

2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference.

"14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:-

IN RE: B.K.NAGARAJAPPA

6. The petitioner Sri B.K.Nagarajappa had served the Corporation between 05.04.2021 to 30.06.2022 as General Manager. Previous approval has been granted for the purpose of investigation as regards the following:

NC: 2024:KHC:45706 PÀæ.¸ÀA ¥Éưøï oÁuÉ C¥ÀgÁzsÀ ¸ÀASÉå 1 PÀ®§ÄVð f¯Éè, PÁ¼ÀV ªÉÆ.¸ÀA.79/2022 gÀ PÀ®A ¥Éưøï oÁuÉ 406, 409, 420, gÉ/« 34 L¦¹ 2 ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ ¹zÁÝ¥ÀÄgÀ ªÉÆ.¸ÀA.56/2023, PÀ®A ¥Éưøï oÁuÉ 406, 420 ¸ÀºÀ 149 L¦¹ 3 ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè ªÉÆ.¸ÀA.07/2023, PÀ®A-

The petitioner - accused is before this Court calling in question proceedings in Spl.C.No.1338/2024 registered for offences punishable under Sections 417, 420 and 313 of the Indian Penal Code, 1860 (the 'IPC' for short).

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NC: 2024:KHC:44321

2. Heard Sri. Hemanth Kumar K., learned counsel appearing for the petitioner, Sri. R. Rangaswamy, learned HCGP appearing for respondent No.1 and Sri. K.A. Prathap, learned counsel appearing for respondent No.2.

3. Facts adumbrated are as follows:

The second respondent is the complainant, registers a complaint on 28.03.2024 for the afore quoted offences. The crux of the complaint is that the complainant and the petitioner get acquainted to each other in the year 2021, while they were working together. The narration in the complaint that the friendship blossomed into relationship and the relationship was physical as well. Further allegation in the complaint is that the petitioner had physical relationship with the complainant on the pretext of marriage or on the promise of marriage. The promise having been broken is what leads the complainant to register a complaint with the jurisdictional police for the aforesaid offences. The police after investigation filed a charge sheet and the matter is presently pending as a special case in 1338/2024 for the afore quoted offences.

Petitioners are co-accused in Special Case No.741 of 2024 pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural, Bengaluru.

2. Heard Sri Mayur D Bhanu, learned counsel for petitioner and Smt Rashmi Patil, learned High Court Government Pleader for respondent.

3. This Court, qua two of the accused i.e., accused Nos.23 and 69 in W.P.No.29510 of 2024 disposed on 4-11- 2024 has held as follows:

"........

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NC: 2024:KHC:45326 Against the petitioners, non-bailable warrant is issued as is issued against several of the accused who were not present. Whether a non-bailable warrant could be issued or not for securing the presence of the accused, need not detain this Court for long or delve deep into the matter. The Apex Court in the case of TARSEM LAL V. ENFORCEMENT DIRECTORATE reported in (2024) 7 SCC 61, considers the very issue and holds as follows:

4. In brief, the present appeal arises out of the dismissal of the appellant's suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

5. Learned counsel for the appellant submits that in the event the divorce suit subsequently initiated by the wife is decided, the same may prejudice the outcome of the present appeal.

6. That apart, the divorce suit was initiated by the wife subsequent to the initiation of the husband's suit for restitution of conjugal rights.

7. Accordingly, apart from the husband otherwise being entitled to an order of stay in lieu of the circumstances as indicated above, the principle of Section 10 of the Code of Civil Procedure may also be deemed to be applicable in the present case.

Petitioner is in custody for 11 months. He submits there was a romantic relationship between the parties. Victim has already been examined. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the bail prayer.

3. Inspite of notice nobody appears for the victim.

4. We have considered the deposition of the victim. Though she is a minor, she admitted there was friendly relationship between the parties. Her deposition is complete. There is little possibility of trial concluding in the near future.

It is submitted on behalf of the petitioner he is in custody for about 170 days. It is further submitted no specific overt act is attributed to the petitioner. Co-accused viz. Jinarul Sk. @ Bucha and Sujauddin Sk. @ Md. Sujauddin have been enlarged on bail. Accordingly, he prays for bail on parity.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Statements of witnesses show petitioner was present at the spot. However, allegations against the petitioner are general and omnibus and no specific overt act has been attributed to him. He stands on the same footing with co- accused viz. Jinarul Sk. @ Bucha and Sujauddin Sk. @ Md. Sujauddin who have been enlarged on bail. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Heard learned lawyers for both parties.

2. Petitioner submits there was a romantic relationship between two young persons. He is in custody for about more than four and half months. He prays for bail.

3. Learned counsel appearing for the State opposes the bail prayer.

4. Inspite of notice, nobody appears for the victim.

5. We have considered the materials on record. Statement of victim supports the version of the petitioner that there was a romantic relationship between two young persons. Petitioner is in custody for a considerable period of time. There is no chance of trial concluding in the near future, we are inclined to grant bail to the petitioner.

It is submitted on behalf of the petitioner he is in custody for about two years and seven months. It is further submitted there is inordinate delay in trial. Accordingly, he renews his prayer for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Though narcotics above commercial quantity was recovered from the petitioner, we find petitioner has suffered incarceration for more than 2½ years. His bail prayer was rejected in December, 2023. Thereafter only two out of nine witnesses have been examined till date. There is no possibility of trial concluding in the near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1. 2023 SCC OnLine SC 1109 Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

1. Petitioner/defendant challenged herein order no. 91 dated 12.02.2020 passed by learned Civil Judge, (Junior Division), 2nd court Ranaghat, Nadia in Title Suit No. 78 of 2010. By the order impugned learned court below accepted local investigation Commission report provisionally and fixed the next date for hearing argument of the suit.

2. The brief background of the present case is that one Kumar Krishan Mondal since deceased, father of the petitioner and the original opposite party no. 1 (predecessor of present opposite parties) was the absolute owner of the land measuring about 8.25 decimal in plot no. 452 by way of deed of conveyance dated 24th August, 1955. The said opposite party no. 1, since deceased purchased 5 decimal of the land of the suit property out of said 8.25 decimal of the land from his father aforesaid Kumar Krishna Mondal by a registered deed dated 10.07.1969. Thereafter the said Kumar Krishna died intestate leaving behind legal heirs i.e. the plaintiff/opposite party no.1 herein, defendant/petitioner herein and another son Bimal Mondal and his widow and two daughters who jointly inherited the remaining 3.25 decimal of land of their father in the suit plot.

Mr. Satyam Mukherjee, Ms. Sayani Ahmed Hearing concluded on : 07.11.2024 Judgment on : 12.11.2024 Sabyasachi Bhattacharyya, J.:-

1. The present first appeal has been preferred against the grant of probate of the Will of one Late Shanti Shaw. The appellant is the son of the testatrix whereas, by virtue of the Will, the testatrix bequeathed her properties to her daughter Smt. Sabitri Shaw (the respondent's wife).

2. Learned counsel for the appellant contends that the inordinate delay in filing the probate application is itself to be construed as a suspicious circumstance vitiating the application. It is contended that the Will was purportedly executed on January 6, 1997, and the testatrix died on July 16, 1997. A previous probate application was filed on January 6, 1999 but the same was dismissed on April 17, 2002 due to non-

1. Challenging the impugned proceeding being GR Case no. 1238 of 2021, arising out of Lake Town police station case no. 263 of 2021, petitioners have preferred the present Application with a prayer for quashing the said proceeding, qua the petitioners herein.

2. Petitioner contended in the Application that complainant stated in the FIR (First Information Report) that the opposite party no.2/FIR maker was introduced to Mr. Sanjoy Kumar Agarwal by one Subhash Kumar Roy and one Samaresh Das and relying upon the representation that the said Sanjoy Kumar Agarwal is a developer, the petitioner expressed his desire to join Mr. Agarwal as partner in his firm and thereafter Mr. Agarwal took the opposite party as a partner with him in his partnership firm namely "Shree Krishna Realtors". It is alleged that relying upon said representation the opposite party no.2 along with aforesaid person entered into a registered development agreement dated 18.12.2016 and it is further alleged that when the construction work commenced, said Sanjay Kumar Agarwal took control of the project and also taking advantage of the same took custody and control of the bank account, cheque books, vouchers papers etc. It has been further alleged that the opposite party No. 2 from time to time deposited money in the accounts of his said partner Sanjoy Kumar Agarwal but he did not cooperate with the opposite party no.2 herein /FIR maker and not only that said Sanjay had made huge withdrawal of funds and also misappropriated the funds of the firm amounting to Rs. 40 lacs in between August 2016 to March 2020 on the basis of false and fabricated documents and thereafter retired from the said firm on 17th November, 2020. The allegation against the present petitioners is that said Sanjay and the petitioners are jointly fraudulently took advance money from different buyers pertaining to the said project but neither executed deed nor refunded refundable money.

1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018.

2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013.

Darogi Yadav @ Bhupati, aged about 40 years, S/o. Shri Bodhan Yadav, R/o. Vill.- Dudhania Tola, P.O.- Khaira Block, P.S.- Cherko Pathar, Dist.- Jamui, Bihar.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

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02/12.11.2024 Heard the parties.

Moola Satyanarayan Reddy, aged about 49 years, s/o late Rama Reddy, r/o House No.4-150/1, Janambhumi Nagar, Mancherial, PO, PS & District- Mancheril, Telengana-504208 ... Appellant Versus

1. The State of Jharkhand

2. Superintendent of Police, Chief Investigating Officer, NIA ...... Respondents

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Ms. Chandana Kumari, Advocate For the Respondent-NIA : Mr. Amit Kumar Das, Spl. PP Mr. Saurav Kumar, Adv.

For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.

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03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 341/323/325/354-B/379/452/ 504/506/34 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioners tried to outrage the modesty of the informant and also snatched the gold chain from her neck worth Rs.95,000/-. It is further submitted that the petitioners are the neighbours and relatives of the informant. They have been implicated in this case by the informant due to previous enmity. The petitioners have no criminal antecedent as has been stated in paragraph no. 17 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

Chandan Singh, aged about 24 years, S/o. Kuldeep Singh, R/o. Toiladungary, P.O. & P.S.- Golmuri, Dist.- East Singhbhum, Jharkhand. ... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Zaid Imam, Advocate For the State : Mr. Tarun Kumar, A.P.P. ------ 03/11.11.2024 Heard the parties.

2. The petitioner has been made accused in connection with S.T. Case No. 231/2024 arising out of Sidhgora P.S. Case No. 13/2024 corresponding to G.R. No. 468/2024, for the offences registered under Sections 341/323/325/307/302/504/506/120(B)/34 of the I.P.C., pending in the Court of Sri B.K. Sahay, learned Additional Sessions Judge-I, Jamshedpur.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

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02/12.11.2024 Heard the parties.