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. 07, dated 07.02.2024, under Sections 22, 29 of NDPS Act, 1985, registered at Police Station Talwandi Chaudharian, District Kapurthala.

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

"Statement of ASI Nirmal Singh 51/Kpt: Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Stated that I was on duty at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Today I alongwith ASI Parvinder Singh 1517/Kpt, ASI Kanwaljit Singh 1539/Kpt were checking vehicles at Hi-tech Naka Bridge Shri Goindwal Sahib P.S. Talwandi Chaudharian District Kapurthala. Then from side of Mundi Maur one motorcycle was seen coming and three persons with cut hair were riding the same. They were signaled to stop on seeing the naka of police they threw the 1 of 7 Neutral Citation No:=2024:PHHC:146061 motorcycle and tried to run back. The driver of the motorcycle from the pocket of his pant, the person sitting in the middle from the pocket of his pyjama and the person sitting at the end from the pocket of his pant took out one transparent polythene bag and threw the same on the side of the road and therein orange colored tablets were clearly visible. They were apprehended and their names and address was inquired. The driver of the motorcycle disclosed his name as Balwinder Singh @ Deepa son of Swaran Singh R/o village Hamira P.S. Subhanpur. The person sitting in the middle disclosed his name as Manjit Singh @ Katta son of Vaid Singh Resident of Hamira P.S. Subhanpur. The person sitting at the last disclosed his name as Gurnam Singh @ Gama son of Sewa Singh R/o Phulra P.S. Bhaini Mian Khan District Gurdaspur. I being local rank ASI cannot carry out proceedings under the NDPS Act. Therefore, I had given information at P.S. Talwandi Chaudhrian through phone to send investigating officer. You alongwith police party have reached at the spot. The polythene bags thrown by Balwinder Singh @ Deepa, Manjit Singh @ Katta and Gurnam Singh ® Gama are lying as it is. I have given my statement to you and same is correct."

INDEX

1. Challenge in the present Para 1 Page 1-2 appeal

2. Background of the case Paras 2-9 Pages 2-6

3. Arguments on behalf of the Paras 10-13 Pages 6-10 appellants

4. Arguments on behalf of Paras 14-15 Pages 10-12 respondent no.1/plaintiff

5. Analysis and Findings Paras 16-38 Pages 12-25 CHALLENGE IN THE PRESENT APPEAL

1. Defendant Nos.2 to 4 have filed the present appeal under Section 41 of the Punjab Courts Act, 1918. Challenge in the present appeal is to the judgment dated 11.09.1992 vide which the Ist Appellate Court had set aside the judgment and decree dated 02.12.1988 passed by the trial Court and had decreed the suit filed by the plaintiff/respondent 1 of 25 Neutral Citation No:=2024:PHHC:145434 RSA-1920-1992 (O&M) [2] No.1 (presently represented by his LRs) for specific performance. BACKGROUND OF THE CASE

CRM-42163-2024 For the reasons stated in the application coupled with the no objection pleaded by the State counsel, the application is allowed and copy of the judgment of acquittal Annexure A-7 dated 04.09.2024 passed by the Court of Additional Sessions Judge, Jind is taken on record. CRA-S-2545-2019

1. The instant appeal has been preferred against the impugned order dated 11.04.2019, passed by the Court of Additional Sessions Judge, Jind whereby the appellant who stood surety for accused Balwinder @ Binder, is directed to pay penalty of Rs.1 lac with further direction that the same be recovered as arrears of land revenue by the Collector concerned.

2. The brief facts of the case are that Balwinder @ Binder who was accused in a criminal case having FIR No.23 dated 21.02.2016 under Sections 147, 148, 149, 283, 186, 341, 332, 353, 307, 395, 397, 406, 427, 436 and 120- B IPC and under Section 25 of Arms Act and under Sections 3 and 4 of PDPP Act, Police Station Pillukhera (Uchana) and he was granted bail and appellant stood as his surety in sum of Rs.1 lac. Subsequently, Balwinder @ Binder jumped bail and absconded. Resultantly, notice under Section 446 1 of 3 Neutral Citation No:=2024:PHHC:144618 CRA-S-2545-2019 [2] Cr.P.C was served upon the appellant and he was imposed penalty of Rs.1 lac vide impugned order dated 11.04.2019.

N.S.Shekhawat J.

1. The petitioner had filed the present petition under Section 528 of B.N.S.S with a prayer to quash the impugned order dated 07.01.2023 (Annexure P-9) passed by the Court of Judicial Magistrate Ist Class, Amritsar, whereby the petitioner was declared as a proclaimed person in a case arising out of FIR No.140, dated 24.05.2021, registered under Sections 419, 420, 467, 468, 471, 448, 511, 506, 148, 149 and 120-B of IPC, Police Station Maqboolpura, District Police Commissionerate, Amritsar (Annexure P-1).

2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the abovesaid FIR (Annexure P-1). The petitioner was not initially named in the FIR and had no knowledge with regard to the pendency of the proceedings against him. Learned counsel further contends that even the summons/warrants were issued against the petitioner on a wrong address and he was never served in the present case. Even, the 1 of 6 Neutral Citation No:=2024:PHHC:146455 CRM-M-38364-2024 - 2-.

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 85, dated 12.09.2023, under Sections 379-B(2), 341, 336, 411, 201, 34 of IPC and Sections 25/27 of Arms Act, registered at Police Station Shekhwan, Police District Batala, District Gurdaspur, Punjab.

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

"Statement of Kawaljit Singh S/o Kuldeep Singh R/o House No. 177 Loharka Road, Gali No.9 NRI Colony, Amritsar aged 49 years. M. No. 98884-30028. Stated that I am resident of aforementioned address and is doing work of Fashion Designer at Amritsar. My in-laws are residing in village Talwandi Jangla. My father in law name is Sucha 1 of 6 Neutral Citation No:=2024:PHHC:145797 Singh son of Mohan Singh. Today I along with my wife Sarabjit Kaur aged 40 years went to meet my in-law's family at village Talwandi Jangla on Bullet Motorcycle No. PB-02-DV-4128 colour black. After meeting them at around 07:00 PM I along with my wife left for our house and at around 07:20 PM when we reach Qullian on Qadian to Batala road then one motorcycle came from back on which three boys were sitting. Two were clean shaved and one was in turban. They park their motorcycle in front of my motorcycle and stopped us. The boys told us that we should give them motorcycle and when I refused then one Hindu clean shaved person took our pistol and fired three shots in air to make us afraid. They took away my bullet motorcycle colour back No. PB02-DV-4128. I informed police by calling at 100 number and you have come at the spot."

1 This petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail in case F.I.R. No.0108 dated 19.09.2021 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhikhiwind, District Tarn Taran.

2. Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3. As per the case of the prosecution, the petitioner was found to be in illegal possession of 255 grams of heroin.

4. Counsel for the petitioner submits that the petitioner is behind bars for more than 3 years, 1 month and 17 days. Trial is proceedings at snail's pace as by now only 5 out of 11 witnesses could be examined.

1. Instant petition has been filed praying for quashing of the FIR No.159, dated 05.07.2017, under Sections 353, 186, 341, 332, 323, 148, 149 of IPC (challan presented under sections 353, 186, 341, 332, 323, 148, 149, 201 IPC), registered at Police Station Patran, District Patiala (Annexure P-1) along with all other consequential proceedings arising therefrom on the basis of compromise dated 16.07.2024 (Annexure P-3). Further prayer has been made for staying all the consequential proceedings arising out of the present FIR during the pendency of the present petition.

1 of 6 Neutral Citation No:=2024:PHHC:145330

1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.31-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (a) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof.

2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 85 (a) of the Act of 1948 wherein it was alleged that petitioner is 1 of 7 Neutral Citation No:=2024:PHHC:145123 CRM-M-1189-2017 [2] proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused failed to pay any contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (a) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1, which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(a) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016.

1. Relief Sought This petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in Case FIR No. 69 Dated 02.03.2023 registered under Sections 302, 364, 201, 406, 420, 120-B IPC at Police Station City Kharar District SAS Nagar (Mohali).

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

'Statement of Gagan Kumar Son of Paramjit Singh Resident of House No.-2213/55 C New Vijay Nagar Street No-3 Tajpur Road, Ludhiana, District Ludhiana aged about 26 years, stated that I am a resident of the aforesaid address and working in a private job at Ludhiana. My brother-in-law Rajinder Singh son of Hardev Singh Village Post Office Mahauli Khurd Police Station Sandour District Malerkotla (aged about 33-34 years) who used to work for car sales and exchange at Kharar who lived on rent at Sri Krishna Dairy Sante Majra Colony Kharar near Swaraj Nagar that on dated 18-2- 2023 my brother-in-law came back from Gurgaon Haryana. With whom I spoke on the phone, who told me that I will come to 1 of 8 Neutral Citation No:=2024:PHHC:145880 Ludhiana on Monday.

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"

1. The instant petition has been filed by the petitioner under Section 482 Cr.P.C seeking quashing of criminal complaint No.32-II dated 18.01.2016 titled as Employees State Insurance Corporation Vs. Vijay Singh Jakhar and another (Annexure P-1) filed under Section 85 (e) of the Employees State Insurance Act 1948 (in short, 'Act of 1948') and summoning order dated 18.01.2016 (Annexure P-2) passed by the Court of Chief Judicial Magistrate, Hisar and all the consequential proceedings arising thereof.

2. The brief facts of the case are that Employees State Insurance Corporation (in short 'ESIC') filed criminal complaint Annexure P-1 against the petitioner and M/s Jaat Senior Secondary School, Hisar under Section 1 of 7 Neutral Citation No:=2024:PHHC:145104 CRM-M-614-2017 [2] 85 (e) of the Act of 1948 wherein it was alleged that petitioner is proprietor and principal employer of M/s Jaat Senior Secondary School, Hisar in terms of Sections 2(17) and 86-A of the Act 1948. The accused have failed to submit the return of contribution as required under Sections 39, 40 (1), 43 and 44 of the Act of 1948 read with Regulation 26 of the Employees State Insurance (General) Regulation 1950, for the contribution period ending 04/2011 to 03/2013 and thus, the accused have committed offence punishable under Section 85 (e) of the Act of 1948. The necessary sanction for prosecution required under Section 86 (1) of the Act of 1948 is taken from the competent authority before filing the complaint Annexure P-1 which was filed through S.S.O, ESIC, Hisar. On presentation of the complaint, the Court of Chief Judicial Magistrate, Hisar took cognizance and as the complaint was filed by the complainant in his capacity as a public servant, recording of preliminary evidence was dispensed with and petitioner and M/s Jaat Senior Secondary School, Hisar were summoned under Section 85(e) of the Act of 1948 vide order Annexure P-2 dated 18.01.2016.

1. Relief Sought The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for second time seeking the concession of regular bail for the petitioner in FIR no.0608 dated 10.12.2023 under Sections 22(C), 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Naraingarh, District Ambala (Annexure P-1), during the pendency of trial.

2. Prosecution story set up in the present case as per the version in the FIR read as under :-

'Respected Sir, To the Station House Officer, Police Station Naraingarh, District Ambala. Today on 10.12.2023, ASI Matlub Hussain No. 207/AMB HSNCB UNIT AMBALA, ASI SANDEEP KUMAR 75/A, EASI SURENDRA SINGH NO.

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. Per paragraph 16 of the reply dated 14-10-2024, the accused has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1. 331 1994 Under section 379 IPC Paschim Vihar, East Delhi

2. 497 1994 Under section 379 IPC Paschim Vihar, East Delhi

3. 715 1998 Under section 379 IPC Paschim Vihar, East Delhi

4. 920 2004 Under section 379 IPC Paschim Vihar, East Delhi

CRM-43453-2024 Application is allowed, as prayed for.

Exemption from filing certified copies of Annexures P-1 to P-3 is granted and the same are taken on record with just exceptions. CRM-M-54564-2024

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, 2023, has been invoked for the grant of regular bail to the petitioner in FIR No. 168, dated 25.04.2024, under Sections 21(b)(ii)(c) of NDPS Act, 1985 (Section 29 of NDPS added later on), registered at Police Station Meham, District Rohtak.

1 of 9 Neutral Citation No:=2024:PHHC:145894

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

1. The instant petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of FIR No. 258 dated 20.11.2013 20.11.2013, registered under Sections 307, 115, 120-B B of IPC and Section 25 of the Arms Act, 1959 at Police Station Division No. 7, Jalandhar, chargesheet/final report under Section 173 of the Code, the order dated 13.01.2015, whereby the petitioners were ddeclared eclared as proclaimed offenders as well as all the subsequent proceedings having emanated ed therefrom.

2. Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of the statement recorded by respondent No. 2/complainant 2/complainant Karanveer Singh on 20.11.2013 alleging that on the same day, he along with his partner Maninder Singh was present in his office situated at Urban Estate, Phase-2, Phase 2, Jalandhar, when at about 03:30 PM, 1 of 15 Neutral Citation No:=2024:PHHC:144868 CRM-M-12293 12293-2015 (O&M) -2- two youths having muffled faces entered inside his office, whereas two persons remained outside the gate and stairs of his offic office. The youths, who had barged into his office, were armed with pistols and when the complainant complain asked them about the reason for their coming there,, they opened fire with their pistols upon him with intent to kill him. The complainant, however, managed to save ave himself by by throwing a chair towards them and the bullets so fired hit on the side of his cabin after piercing through the chair and then hit the roof. On raising alarm, alarm, all of them fled away from the spot. The complainant disclosed that he identified one one of them as Parshotam Kumar, resident of Bijnor. He also alleged that said Parshotam Kumar was having enmity with his brother Vikramjit Singh, who was residing in Norway and was going to get permanent residency. Harminder Harminder Singh, father of the complainant, complainant recorded his statement under Section 161 of the Code disclosing that he was proceeding towards the office of his son, when two car cars were noticed while going from the side of the office. One of those cars cars,, which was Indica make, was driven by accused Parshotam Parshotam Kumar and three persons were sitting therein. He also disclosed that in the second car, which was Tata 207 make, Pawan Kumar @ Pawan and Kulwinder Singh @ Kaka were sitting and he already knew them. The statements of Vikramjit Singh, who was also present pre in India at that time, and other material witnesses were also recorded.

1. The instant appeal is directed against the verdict drawn on 15.01.2020, upon Sessions Case No.63, of 2017, by the learned Additional Sessions Judge, Hisar, wherethrough, in respect of a charge drawn for an offence punishable under Section 302 of the IPC, he recorded a verdict of conviction against the convict-appellant. Moreover, through a separate sentencing order of 16.01.2020, the learned trial Judge concerned imposed, upon, the convict- appellant both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner.

"5. The convict has been proved to have committed murder of a young boy without any provocation on his part. The convict is, thus, sentenced to undergo Rigorous Imprisonment for life and to pay fine of Rs.25,000/- for the commission of offence punishable under Section 302 IPC. In default of payment of fine, he shall further undergo Simple Imprisonment for a period of two years."

1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside the impugned order dated 14.10.2024, whereby the election(s) for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District Ludhiana, has been cancelled just few hours before the start of polling, thus inter alia on the ground, that the same is illegal, arbitrary and against the principles of natural justice, as the petitioner has been condemned unheard, besides is beyond jurisdiction. The petitioner further seeks the making of a mandamus, thus directing the official respondents to immediately hold the elections for the post of Sarpanch of Gram Panchayat Pona, Cluster No.4, Block Jagraon, District 1 of 21 Neutral Citation No:=2024:PHHC:146136-DB Ludhiana, between the candidates (i.e. the petitioner and respondent No.8) whose nomination papers were validly accepted and to whom election symbols were allotted by the Returning Officer.

1. Since both the above appeals arise from a common verdict, made by the learned trial Judge concerned, hence both the appeals (supra) are amenable for a common verdict being made thereons.

2. Both the appeals (supra) are directed against the impugned verdict, as made on 20.09.2022, upon Sessions Case No.74 of 15.02.2018, by the learned Additional Sessions Judge, Ludhiana, wherethrough in 1 of 28 Neutral Citation No:=2024:PHHC:145851-DB CRA-D-1106-2022 AND CRA-D-62-2023 (O&M) -2- respect of charges drawn against the accused qua offences punishable under Sections 302/34 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellants-convicts. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the appellants-convicts in the hereinafter extracted manner:

The undersigned has reserved the judgment in the present case on 19.10.2024 and same was to be pronounced on 04.11.2024. Vide order no. 38/DHC/Gaz-IIBG-7/VI.E.2(a)/2024 dated 25.10.2024 of Hon'ble Delhi High Court, undersigned was transferred from Rohini Court (i.e. JMFC-02) to Dwarka Courts as JMFC-01 (NI Act). As per the aforesaid order of Hon'ble High Court, the judicial officer shall pronounce the judgment in those matters which are reserved for judgement even after the transfer. Hence, the judgement in the present case is being pronounced by the undersigned in the capacity of JMFC-01 (NI Act).

BRIEF REASONS FOR DECISION:

1. The case of the prosecution shown of unnecessary details is, that on or before 04.12.2014, at Factory No. 103, Swastik Aluminum, Badli Industrial Area II, Delhi, accused persons taped the pipeline of IGL in a way to endanger human line to supply the gas to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) and committed offence under section 336/34 of IPC. Accused persons also at the aforesaid factory committed theft of gas of IGL by supplying the same to factory No. 102 (Ideal Udyog) and Factory No. 90 (Tirupati Udyog) by tapping the same and committed offence under section 379/34 of IPC. Accused persons in the alternative on the aforesaid day and factory dishonestly misappropriated or converted for their own use the gas connection entrusted to them by IGL and thereby committed the offence under section 406/34 of IPC. Both the accused persons also tried to disappear the evidence with intend to save themselves and other offenders from legal punishment and thereby committed the offence under section 201/34 of IPC. The accused persons also damaged and destroyed the State Vs. Rajeev Gupta FIR No. 1426//2014 Page no. 2 of 30 pipelines and thereby committed offence under section 15(2) of Petroleum and Mineral Pipelines Act, 1962.

BRIEF STATEMENT OF FACTS AND REASONS FOR THE DECISION

1. Vide this judgement, this court shall dispose of the aforementioned complaint case filed by the complainant namely, Samsher Singh against the accused, namely Vinod Kumar in respect of the dishonour of six cheques bearing no.415029 dated 31.05.2016 for an amount of Rs.45000/-, no. 415028 dated 25.05.2016 for an amount of Rs. 45,000/-, no. 415027 dated 15.05.2016 for an amount of Rs. 45,000/-, no. 415026 dated 01.05.2016 for an amount of Rs. 45,000/-, no. 415031 dated 09.06.2016 for an amount of Rs. 30,000/- and no. 415030 dated 07.06.2016 for an amount of Rs. 30,000/- all drawn on Indian Overseas Bank, Sector 9, Rohini, Delhi Branch (2120) Maharaja Aggrasen Shopping Complex, LAX-7, Sector 9, Rohini, Delhi-110085 (hereinafter referred to as the "Cheques in question").

1. By this judgment, I shall decide present claim petition under Section 166(4) of the Motor Vehicle Act, 1988, filed by the petitioners/ legal representatives of Mr. Yugal Kishor (hereinafter referred to as 'deceased'), who sustained fatal injury in a motor vehicular accident.

2. Important facts of the case as per the claim petition and the documents annexed thereto are that on 06.11.2020 at about 03:30 p.m., the deceased as pillion rider on a scooter (make-Activa) bearing registration no. HR51AN-8607, being driven by his colleague Dev Narayan Thakur at a normal speed and on the correct side of the road, was going to his house from his workplace. When they reached near Sector-18, Gurugram, Haryana, in the meanwhile, a truck bearing registration no. HR63B-5016 (hereinafter referred to as the 'offending vehicle'), being driven by the respondent no.1 Sunil at a high speed, rashly and negligently, violating the traffic rules and without blowing any horn, came from the back side and hit the scooter with a great force. As a result of the accident, the deceased fell down on the road and came under the wheel of the offending truck and sustained head injury. The deceased was immediately removed to Medanta Medicity Hospital, Gurugram, where his MLC was prepared and he was declared 'brought dead' and his postmortem was conducted at Mortuary, Civil Hospital, Gurugram.

2. The brief facts that have emerged from the DAR are that on 03.04.2017, ASI Usman Ali vide DD no. 3A had received an information regarding the present accident. He also received a call from Trauma Centre that the present accident had occurred. After receiving the call from Trauma Centre, ASI alongwith Ct. Mukesh reached the Trauma Centre and collected MLC no. 214228 of injured Raj Kumar. As per MLC, the doctor opined that the injured was "unfit for statement". IO met with an eye witness in the hospital, whose name was Guddu. IO recorded the statement of eye witness. Witness has stated that Raj Kumar had met with an accident when he was crossing the road on foot near Yamuna River. Eye witness, with the help of the driver of the offending vehicle, sent the injured to the hospital in the offending vehicle itself and went to the hospital by his motorcycle. On the basis of the MLC and statement of the eye witness, the offence under Section 279/337 IPC was found to have been committed.

Sh. Anoop Kumar Pandey, Ld. Counsel for petitioners/Lrs of deceased. None for driver and owner.

Sh. V.K. Gupta, Ld. Counsel for insurance company.

Petition under Section 166 & 140 of M.V. Act, 1988 for grant of compensation AWARD

1. The present petition has been filed by the petitioners U/s 166 & 140 M.V.Act seeking compensation of Rs. 50,00,000/- alongwith interest from the date of filing of the present claim petition till its realization being legal representatives of deceased Sunil Verma (married aged 25 years) on account of death of deceased who died in road traffic accident in question which occurred on 02.09.2018. The petitioners also prayed for compensation MACP No. 754/18; FIR No. 206/18 DOD:12.11.2024 for irreparable monetary loss, mental agony, loss of love and affection and future prospects plus all other heads of compensation as per entitlement, caused due to accidental death of deceased.

11.Date on which Order Announced : 12.11.2024.

SC No. 464/2021 FIR No. 417/2021 U/s. 307 IPC State Vs. Ram @ Himanshu PS : Badarpur Page No.1 of 31 BRIEF FACTS AND REASONS FOR DECISION:

1. The prosecution case against accused Ram @ Himanshu in brief is that on 11/07/2021, at about 08:30 PM, at Main Market, Gautam Puri, near Valmiki Mandir, within the jurisdiction of PS Badarpur, he caused injuries on forehead and occipital region exposing bone calvaria of victim Dinesh Kumar, with chopper (meat cutting knife). The FIR was registered on the basis of PCR call through GD No.90A and accused Ram @ Himanshu was arrested on 12/07/2021 and, on completion of investigation, the charge-sheet was filed for offence U/s. 307 IPC.

1. The plaintiff has filed the present suit for recovery of Rs.5,00,000/- (Rs. Five Lacs Only) on account of cost of dowry articles/ Istridhan etc. detained by the defendants. It is pertinent to mention that during the pendency of the present civil suit, the defendants no. 2 and 4 have expired.

Raj wati Vs. Kuldeep Page no. 2 Plaintiff's version as per the plaint

2. The plaintiff states that she is the mother of deceased late Smt. Sunita who was wife of the defendant no. 1 Kuldeep. The marriage of Late Smt. Sunita and the defendant no. 1 was solemnized on 20.02.1996 in accordance with Hindu rights and customs and the plaintiff claims to have spent an amount of more than Rs.5 lacs on the said marriage. The plaintiff relies on a detailed list of dowry articles annexed as schedule C to the plaint.

1. Vide this judgment, I shall dispose of the present complaint case filed by the complainant, Ms. Santosh Dang (hereinafter referred as the 'complainant) against the accused Amrinder Bhatia (hereinafter, referred as the 'accused'), u/s 138 of the Negotiable Instruments Act, 1881 (in short "NI Act").

Complainant's Case

2. In a nutshell, the facts of the present case as per the complaint are that the accused and his parents approached and requested the complainant for financial help to save his auto spare parts and his car which was forcibly taken by one Gagan and Rahul. The accused told the complainant that these two persons have also threatened him with dire consequences if the accused fails to pay their debt. It is averred that considering the request of the accused being the friend of his daughter, provided financial assistance to the accused.

Brief statement of reasons for the decision

1. This case has been instituted by the complainant, Mr. Pawan Kumar under Section 200 of Cr.P.C. against the accused, Mr. Ved Prakash Dhuria for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "NI Act").

Brief Facts:

2. The substance of the allegations and assertion of the complainant is that the complainant had advanced a friendly loan of Rs. 3,00,000/- to the accused on 09.10.2018 for four months with interest at the rate of 2% per month, given the needs of the accused and cordial relations between them. It is alleged that a loan agreement and receipt dated 09.10.2018 were also executed between the parties. It is further alleged that the accused issued two post-dated cheques, cheque No. 000029 dated 06.04.2021 and cheque No. 000030 dated 06.04.2021 both for a sum of Rs. 2,34,000/- each drawn on Bank, Of India, Pitampura Branch, Delhi in favour of the complainant (hereinafter referred to as the by MEENA MEENA CHAUHAN CHAUHAN Date: 2024.11.11 15:18:42 +0530 "impugned cheque"). After an expiry of four months and despite repeated demands, the accused did not repay the loan amount, then, a legal notice dated 14.03.2019 was sent to the accused to discharge his liability. Then, on instructions of the accused, the complainant presented the impugned cheques at his bank. However, both were dishonoured by the bank for the reasons "Funds Insufficient" vide memos dated 07.04.2021. Then, a demand notice dated 13.04.2021 was sent to the accused's address via Speed Post calling upon him to pay the cheque amounts. Despite the service of notice upon the accused, neither the accused paid the cheque amount nor replied to the notice. Hence, it is alleged that the accused has committed an offence punishable under Section 138 of the NI Act.

BRIEF STATEMENT OF REASONS FOR THE DECISION:

FACTUAL MATRIX-

1. Briefly stated, the case of the prosecution is that on 01.05.2020 at about 07:30 PM, at Road from Village Mundhela Kalan towards Bakhargarh Toll Tax, Delhi, accused was carrying illicit liquor in car bearing registration no.HR-48B-4970, without any valid licence or permit in that regard and knowing that prescribed duty has not been paid thereon and thereby committed the offences punishable under Sections 33/38/52(2) of Delhi Excise Act, for which FIR no.104/2020 was registered at the police station Jafarpur Kalan, New Delhi.

INVESTIGATION AND APPEARANCE OF ACCUSED

2. After registration of the FIR, the Investigating Officer (hereinafter, "IO") undertook investigation and on culmination of the same, the chargesheet against the accused was filed. The Ld. Predecessor of this court took the cognizance against the accused and summons were issued to the accused. On his appearance, a copy of the chargesheet was supplied to the accused in terms of section 207 of the Code of Criminal Procedure, 1973 (hereinafter, "CrPC"). On finding a prima facie case against the accused, charge under Sections 33/38 of Delhi Excise Act was framed against accused on 08.06.2023 and charge under Section 52(2) of Delhi Excise Act was framed against acucsed Vikram on 16.05.2024. The accused pleaded not guilty and claimed trial.

1. This is an criminal appeal under section 341 Cr.PC preferred by the appellant/ applicant against the impugned order dated 31.01.2020 passed by Court of Chief Metropolitan Magistrate SED/Saket Court, New Delhi whereby the application of appellant/applicant moved u/s 340 Cr.P.C. r/w Section 195(1)(b) Cr.P.C. was dismissed.

GROUNDS OF APPEAL

2. The grounds cited by the appellant against the impugned order are as under :

A. Because the Ld. Trial Court duly appreciated the fact that the Respondent Bank concealed the fact regarding the Appellant being in possession of the said property, and yet, in utter disregard of the prejudice caused to the Appellant due to such concealment, regarded the same as being non violative of the principles of natural justice.

1. Two appeals, one preferred by the convicted appellant Satyajeet Singh and the other preferred by the parents of the deceased children, assailing the judgment and sentence by the former whereas the latter have preferred to assail the order on the CA Nos.114/2019 & 128/2019 Satyajeet Singh Vs. State & Anuradha Bhattacharya & Ors. Vs. State & Anr. Page 2 of21 sentence only. Both the appeals are taken up together inasmuch as both are arising out of the judgment dated 07.05.2019 and the order on sentence dated 09.05.2019 and are disposed off through the instant judgment.

2. Before adverting to the contentions of the appellants, facts are required to be looked into against the backdrop of which the appeals have emerged. A group of youngsters comprising of appellant Satyajeet Singh and three others namely Gaurav Sobti, Sneha Kapoor and Anirudh Rawat were out to enjoy an evening on 23.02.2008. They had come together at Chattarpur initially in a party hosted by "Red Bulls", where they reached at around 10.00- 10.30 pm and moved out from there in different lots and went to Park Hotel where they reached one after the other at around 01- 01.30 am. In fact, Gaurav Sobti and Anirudh Rawat were picked up by appellant Satyajeet Singh and they went to the party hosted by "Red Bulls" in Chattarpur, where Sneha Kapoor had also came with a friend. Gaurav along with his another friend Rohan, left for Park Hotel at Connaught Place and went to Dance at Disco Bar 'Agni'. The other friends also joined them after about half an hour, that is, Satyajeet, Anirudh Rawat and Sneha Kapoor. They had food, beer and juices etc., there. About 2 - 2 ½ hours were spent by these persons at Park Hotel and after finishing their dinner, etc., they all decided to go back home. Satyajeet Singh, appellant herein, offered to drop Gaurav Sobti, Sneha Kapoor and Anirudh Rawat in his car.

1. Sl. No. of the case 10095/2017

2. Date of institution of the case 04.08.2017

3. Name of the Complainant Sh. Narinder Gambhir S/o Kishan Lal Gambhir R/o B-29, Ground Floor, Subhadra Colony, Opposite Shastri Nagar, Delhi-110035.

4. Name of Accused, parentage Sh. Vijay Kumar S/o Manoj Kumar and address R/o D-38, Lalita Block, Shastri Nagar, Delhi.

And Also at:

M/s Maha Vashno Electrical Co.

1. Vide this judgment, I shall dispose of the present complaint case filed by the complainant, Ms. Santosh Dang (hereinafter referred as the 'complainant) against the accused Gursharan Singh Bhatia (hereinafter, referred as the 'accused'), u/s 138 of the Negotiable Instruments Act, 1881 (in short "NI Act").

Complainant's Case

2. In a nutshell, the facts of the present case as per the complaint are that the accused, his wife and his son approached and requested the complainant for financial help to save his auto spare parts and his car which was forcibly taken by one Gagan and Rahul. The son of the accused told the complainant that these two persons have also threatened him with dire consequences if he fails to pay their debt. It is averred that considering the request of the son of the accused being the friend of his daughter, provided financial assistance to the accused.

8. That attested copy of DAR is Ex. PW-1/1 already on record with the court, attested copy of Charge- sheet is Ex. PW-1/2 already on record with the court, copy of Fir is Ex. PW-1/3 already on record with the court, copy of MLC is Ex. PW-1/4 already on record with the court, copy of post mortem report is Ex. Pw-1/5 already on record with the court, copy of salary certificate is Ex. PW-1/6 already on record with the court, copy of mechanical inspection report of offending vehicle is Ex. PW-1/7 already on record with the court, copy of site plan is Ex. PW-1/8 already on record with the court, copy of Insurance Certificate of offending vehicle is Ex. PW-1/9 already on record with the court, copy fo R/C details of offending vehicle is Ex. PW-1/10 already on record with the court, copy of Driving Licence Verification report of respondent/accused is Ex. PW-1/11 already on record with the court, copy of arrest memo is Ex. PW-1/12 already on record with the court, Copies of Aadhar Cards of legal heirs are Ex. Pw-1/13 (Colly.) already on record with the court. Copy of Funeral receipt issued from Shamshan Ghat is Ex. PW-1/14. Copy of Death Certificate of my deceased father is Ex. PW-1/15.

30.4. Deduction for personal expenses (1/3rd of Rs.1,67,775/-) = (-)Rs. 55,925/-

30.5. Multiplicand ( Rs.1,67,775−Rs.55,925/-) = Rs. 1,11,850/- 30.6. As such, the total loss of dependency is:

Rs. 1,11,850/- ( multiplicand) x 14 (multiplier)= Rs.15,65,900/-

Grant of Loss of Estate, Loss Of Consortium And Funeral Expenses:

31. In this regard in Pranay Sethi (supra) it was held :

''...............46. Another aspect which has created confusion pertains to grant of loss of estate, loss of consortium and funeral expenses..... .

1. The appellant has filed the present appeal under section 9 of the Public Premises (Eviction of Unauthorised PPA No.07/2020 M/s Oriental Insurance Co. Ltd. Vs. Life Insurance Corporation of India Occupants) Act, 1971 (hereinafter referred to as 'the Act') against the order dated 17.01.2020 passed by the Estate Officer in Case no. 23 of 2015 passed under Section 5(1) of the Act holding the appellant to be in unauthorised occupation of the subject premises w.e.f. 01.03.2015, as well as another order dated 17.01.2010 passed by the Estate Officer in Case no. 23 (A) of 2015 passed under Section 7(2) and 7(2A) of the Act holding the appellant liable to pay dues of Rs.6,81,08,996/- as on 31.12.2019.

1. The accused Shishu Pal has faced the present trial for the offence u/s 302 IPC for committing murder of his real brother namely Satyadev by strangulating him with the help of a shoe lace.

The case of the prosecution:

2. The facts of the prosecution case, in brief, are that on receipt of call vide DD No. 31 A dated 15.07.2018, ASI Brahm Swaroop reached Sardar Vallabh Bhai Patel (SVBP) Hospital, Patel Nagar where deceased Satyadev was reported to be brought dead. The emergency card of SVBP hospital indicates that he was brought there by the accused. The doctor at the hospital noticed a scar mark on the neck of the deceased. The post mortem report opined that the cause of death as asphyxia due to ligature strangulation. In the subsequent opinion the doctor opined that the death was possible with the alleged weapon of offence i.e shoelace recovered at the instance of the accused. After the post mortem report was received the FIR was registered on 19.07.2018. On the same day the accused was arrested and his disclosure statement was recorded. On the next day the IO obtained the police custody of the accused and at the instance of the accused, the shoelace allegedly used in the offence, was recovered from the room situated at the first floor of the house of the accused and the deceased. Pooja, wife of deceased raised her suspicion on the accused as her husband i.e. deceased Satyadev was a habitual drunker due to which there used to be quarrels State Vs Shishu Pal SC No.780/2018 FIR No. 201/2018 2/42 between Satyadev and his elder brother Shishupal. She stated that at the time of incident, she had gone to her parental home at Farukhkabad, U.P. After completion of investigation, t he chargesheet was filed against the accused.

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.

1. Brief facts of the case are that on 19.09.2013 complainant Late Sh. Prithvi Bhatia, r/o B-1/264, Paschim Vihar, Delhi, gave a complaint at PS Paschim Vihar, stating that he was residing at the above said address with his family. Around 2½ years back, he had got the knees of his wife operated and he required a nurse. He got a nurse/maid named Geeta from one Medicare Agency. She came for night duty to their house for 6-8 months. They also used to give an amount of Rs. 600/- towards tuition fees of her daughter. Thereafter she came to their house on 14.09.2013 and told them that she had to purchase a house and asked for Rs. 3 Lakhs, however, they refused. At this, she started quarreling with them and they sent her away from their house. She threatened them to see them and went away. After some time she came with two police officials and started shouting. The police persons namely ASI Birchha Singh and Const. Ombir came and started threatening them that they would implicate him in a rape case and get him sent to jail for a year like Bapu Aasa Ram, who was lodged in jail or to give Rs. 6 Lakhs to settle the matter. They also told that otherwise they will take him to jail and take remand. The complainant got scared and they obtained Rs. 6 Lakhs from him. The complainant further stated that he was suffering from cancer for the past thirty years and used to remain ill. He was 56 years old and he was even not capable of the allegations made by them. He sought that the complaint must be acted upon and he should be returned his money.

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.

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.

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.

Accused No.3 in Special C.C.No.17/2024 pending on the file of learned XXXIII Additional City Civil and Sessions Judge and Special Court for NDPS, Bengaluru arising out of NCB Crime No.48/1/29/2023/BZU, registered by Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru for the for the offences punishable under Sections 8(c) read with Sections 20(b)(ii) (A), 22(c), 23(c), 27, 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

2. Heard learned counsel for the petitioner and the learned counsel for the respondent, who has filed statement of objections.

Accused No.1 in Crime No.321/2024 registered by Jayanagara Police Station, Bengaluru City, for the offences punishable under Sections 376 & 406 r/w 34 of IPC, is before this Court under Section 439 of Cr.P.C, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.321/2024 was registered by Jayanagara Police Station, Bengaluru city, against the petitioner for the aforesaid offences on the basis of the first information dated 14.09.2024, received from Victim girl, aged about 25 years. During the course of the NC: 2024:KHC:45395 investigation of the case, the petitioner herein was arrested on 15.09.2024 and remanded to judicial custody.

(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.

-3-

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.

Heard the learned Senior counsel for the appellant and learned counsel for the caveator-respondent Nos.1 to 9.

2. This miscellaneous first appeal is filed praying this Court to set aside the order of status-quo granted by the Trial Court dated 05.10.2024 in O.S.No.7166/2024 passed on I.A.No.2 filed by respondent Nos.1 to 9 and grant such other relief as deems fit in the circumstances of the case.

3. The respondents/plaintiffs before the Trial Court also sought for the relief of temporary injunction restraining the defendant Nos.1, 2 and 3 from enforcing or acting upon the invocation notice dated 28.09.2024 and from taking any further action regarding transfer or encumbrance of the pledged shares of Mantri Infrastructure Pvt. Ltd. (100%), Mantri Developers Pvt. Ltd. (51%) or Agara Techzone Pvt. Ltd. (12%) or from enforcing any security under the Bond Trust Deed and Pledge Agreements, until final adjudication of the rights of the parties by the Trial Court and inter alia sought for the relief on I.A.No.2 to restrain the defendant Nos.1 to 3 from enforcing or acting upon invocation notice dated 28.09.2024. The respondents also filed applications and order is passed only on I.A.Nos.2 to 4. It is also borne out from the records that caveat was also filed and learned counsel for both the parties were heard and suit was filed before the Vacation Court and I.A.No.1 was filed under Section 11(3) of Bengaluru City Civil Court Act to take up the matter before the Vacation Court and the same was allowed.