----Petitioner Versus State, Through P.p.

----Respondent For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. S.K. Bhati, PP Mr. Mahaveer Bishnoi, for the complainant HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the parties were heard through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 167/2019, Police Station Khinvsar, District - Nagaur for the offences under Sections 498-A & 304 IPC.

(Presently lodged at District Jail, Merta).

----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : None present For Respondent(s) : None present

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 10/2020, Police Station Mulasar, District Nagour for the offences under Sections 376, 384 & 379 of I.P.C. and Section 3(1) (1)(I), 3(1)(W)(II) & 3(2)(V) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 30.04.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Merta whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected. (Downloaded on 08/05/2020 at 08:28:02 PM)

----Petitioner Versus State, Through P.p.

----Respondent For Petitioner(s) : Mr. J.R. Choudhary Senior Advocate assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE ARUN BHANSALI Order 08/05/2020 Learned counsel for the applicant and learned Public Prosecutor were heard through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 336/2019, Police Station Gharsana (Sri Ganganagar) for the offence under Section 8/21 of the NDPS Act.

----Petitioner Versus State

----Respondent For Petitioner(s) : O;fDr"k% dksbZ mifLFkr ughaA For Respondent(s) : O;fDr"k% dksbZ mifLFkr ughaA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/05/2020 fo'o LokLF; laxBu ¼MCY;w- ,p-vks-½] jktLFkku mPp U;k;ky; ,oa dsUnzh; ,oa jkT; ljdkj }kjk uksoy dksjksuk ok;jl ¼dksfoM&19½ds xaHkhj egkekjh ,oa laØe.k dks QSyus ls jksdus ,oa fu;a=.k ds fy;s tkjh ,Mokbtjh ds dkj.k izdj.k esa izkFkhZ dh vksj ls fo}ku~ vf/koDrk Jh jkds"k eVksfj;k ,oa fo}ku~ yksd vfHk;kstd Jh vfuy tks"kh dks tfj;s fofM;ks dkWy lquk x;kA izkFkhZ ds fo}ku~ vf/koDrk }kjk fuosnu fd;k x;k fd vfHk;qDr eqds"k dh tekur gks pqdh gS ftlds c;ku ds vk/kkj ij izkFkhZ dks eqyfte cuk;k x;k gSA blds foijhr fo}ku~ yksd vfHk;kstd }kjk tkfgj fd;k x;k fd izkFkhZ&vfHk;qDr ls 118-5 fdyks MksMk iksLr dh cjkenxh gqbZ gS tks fd okf.kfT;d ek=k gSA vfHk;qDr eqds"k dk izFke tekur izkFkZuk i= fnukad 06-03-2019 dks pkyku izLrqr gksus ds i"pkr~ iqu^% tekur izkFkZuk i= izLrqr djus dh NwV nsrs gq;s uksV izsl djus ij [kkfjt fd;k x;k Fkk rFkk nwljk tekur izkFkZuk i= fnukad 24-05-2019 dks lhtj vkWfQlj lquhy dqekj ds c;ku gksus ds i"pkr~ iqu% tekur izkFkZuk i= izLrqr djus dh NwV nsrs gq;s uksV izsl djus ij [kkfjt fd;k x;k FkkA (Downloaded on 08/05/2020 at 08:28:14 PM) (2 of 2) [CRLMB-3497/2020] lhtj lquhy dqekj ds c;kuksa esa vfHk;qDr eqds"k ds lEcU/k esa vk;s rF;ksa ds vk/kkj ij r`rh; tekur izkFkZuk i= fnukad 22-07-2019 dks Lohdkj fd;k x;k gSA xkSjryc gS fd ml le; eqds"k ds fo:) pkyku izLrqr fd;k x;k Fkk ijUrq izkFkhZ&eqyfte ds fo:) /kkjk 173¼8½ n.M izfØ;k lafgrk ds rgr pkyku yafcr j[kk x;k Fkk D;ksafd izdj.k esa vuqla/kku iq'isUnzflag o lqHkk'kpUnz }kjk fd;k x;k Fkk] vr% izkFkhZ dks tekur dk ykHk fn;s tkus ls iwoZ bl U;k;ky; dh led{k ihB }kjk ikfjr vkns"k fnukad 16-04-2020 dh vuqikyuk djok;k tkuk vko";d izrhr gksrk gSA fo}ku~ yksd vfHk;kstd dks funsZf"kr fd;k tkrk gS fd vkxkeh is"kh ls iwoZ mDr vkns"k dh vuqikyuk lqfuf"pr dh tkosA i=koyh fnukad 15-05-2020 dks lwphc) dh tk;sA (DEVENDRA KACHHAWAHA),J 2-/AK (Downloaded on 08/05/2020 at 08:28:14 PM) Powered by TCPDF (www.tcpdf.org)

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant, being aggrieved by the judgment and order dated 21.9.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court no.7, Mathura in Motor Accident Claim Petition No.239 of 2008 (Virendra Kumar vs. Vijay Kumar and others) awarding a sum of Rs.62,866/- for the expenses incurred towards medicines and treatment of the injuries sustained by the appellant in a motor accident, alongwith 6% interest from the date of filing of the claim petition till the date of payment of compensation.

3. The claimant aged 45 years filed MAC No.239 of 2008 against the driver & owner of the vehicle and the insurance company before the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Mathura claiming a compensation of Rs.10,00,000/- along with 12% interest in respect of the injuries suffered by him in the motor accident alleged to have occurred on 17.2.2008 around 12.30 p.m.

While PW1 was doing patrol duty on 3.6.1999, he got reliable information that one Rajappan (the petitioner) was CRL.R.P.NO.5/07 3 indulging in sale of arrack from his house. Thereupon, the patrol party proceeded to the petitioner's house and on searching the house found 13 bottles hidden inside the kitchen, of which 11 bottles were of 1.5 ltrs and 2 bottles of 750 ml capacity. The contents of the bottle were examined by smelling and tasting and was identified to be arrack. The petitioner, who was present in the house was arrested and the contraband seized. From among the 13 bottles, sample was drawn from one bottle of 750 ML capacity. Thereafter the sample bottle as well as the 13 bottles containing the contraband were sealed in the presence of the petitioner and two independent witnesses. The requisite formalities like, filing of occurrence report, production of accused and seized articles along with sample before the jurisdictional Magistrate were complied without delay. Further investigation of the case was conducted by PW 5, who after completion of investigation filed charge sheet against the petitioner for commission of the offence under Section 8(1) of the Abkari Act.

2. According to the prosecution case, on 22.09.2004, the Excise Party attached to the Thirurangadi Excise Division had found the accused at a place called Nagaram near the Chiramangalam Thirichilangady Road by about 8.30 p.m, carrying a white jerry can having capacity of 25 litres. The accused was accosted and the contents of the jerry can examined, upon which it was found to contain 'wash' used for manufacturing arrack. Thereupon Crl.A.No.1750 of 2007 3 the accused was arrested, 500 ml of wash drawn as sample and the sample bottle sealed. Thereafter, the balance wash in the jerry can was destroyed by pouring it out. On chemical analysis, the sample was found to contain 2.27% by volume of ethyl alcohol.

2. The prosecution allegations, which led to the conviction of the appellant, are as follows:-

On 29.08.2005, PW3; the Sub Inspector of Kanjar Police Station, while on patrol duty, got information that the accused was selling liquor from her house. Thereupon, PW3 proceeded to the spot along with police party, including women police constables. On reaching near the house of Crl.A.No.474 of 2008 3 the accused, the police party found the accused pouring some liquid from a bottle into a glass, adding water to it and handing over the glass to a person who was standing outside the veranda of the house. That person drank the contents of the glass and give it back to the accused along with some money, which she kept inside her purse. By the time, the police party reached the house of the accused, the person who drank from the glass ran away. On examination of the bottle in the possession of the accused, it was found to be a bottle of 1.5 litres capacity containing 1.350 litres of Indian Made Foreign liquor. An amount of Rs.50/- was found inside the purse. From out of the bottle, sample was drawn and sealed. The bottle containing the liquor, the glass, the bottle containing water and the purse containing five ten rupee notes were seized and the accused Crl.A.No.474 of 2008 4 arrested. The sample, when subjected to chemical analysis, was found to contain 42.17% by volume of ethyl alcohol.

On 28-02-2019, Sri. K.P. Mathaikunju and 3 others filed a contempt of court case before this court against the respondents herein, alleging that the respondents have committed civil contempt by publishing a face book post in a face book page to which the respondents are the admins and also published a similar news in the website www.ovsonline.in on 27-02-2019, to the effect that the cases, O.P (C) No.65/2019 & Tr.P (C) No.76/2019, which pertains to the dispute regarding the 'Vadavukod Church' were dismissed by the High Court on 27-02- 2019, which in fact were only reserved for judgment on that day. It is alleged that the act of the respondents in this regard would amount to interference with the administration of justice and therefore they have committed contempt of court punishable under provisions of Contempt of Courts Act, 1971. The Registry of this court expressed doubt with respect to maintainability of CON.Case (Crl. ) No.1/2019 (Suo motu) -4- the above said contempt of court petition. Therefore the case was posted before the learned Single Judge who as dealing with OP (C) No.65/2019 and Tr.P (C) No.76/2019, as unnumbered contempt petition. Initially, the learned Judge appointed an 'amicus curiae' in the matter, through order dated 01-03-2019. But subsequently, on 31-05-2019, the Single Judge directed the Registry of this court to place the petition before Hon'ble Chief justice for appropriate further action on the administrative side, in the light of the decision of the Full Bench in Rehim P. V. M.V. Jayarajan and others (2010 (4) KLT 286). When the matter was placed for consideration before the Hon'ble Chief Justice on 25-06-2019, it was ordered to place the matter as a suo motu criminal contempt case, for preliminary hearing, before the appropriate Bench. When the matter came on the judicial side, this court ordered notice to the respondents. Personal appearance of the respondents were dispensed with for the time being. The respondents appeared and each of them had filed separate affidavits. Now the case is coming up for consideration as to whether there exists prima facie contempt and to decide whether further proceedings need to be pursued in the case by framing charge against the respondents. CON.Case (Crl. ) No.1/2019 (Suo motu) -5-

The above appeal was originally filed as a 'Motor Accident Claim Appeal', ('MACA'). The appeal memorandum reflected that the appeal was filed under Section 341 of the Code of Criminal Procedure(Cr.P.C.), read with Section 169(2) of the Motor Vehicles Act, 1988. When the Registry of this court noted defect, the appeal was sought to be be filed under Section 173 of the Motor Vehicles Act. The Registry has not yet accepted the same for the reason that the order impugned is not an Award passed by the Motor Accidents Claims Tribunal, as required under Section 173 of the Motor Vehicles Act. The Unnumbered Crl. Appeal 16 of 2020 -:4:- Registry noted that, probably an original petition under Article 227 of the Constitution of India alone may lie against the order impugned. However, the matter was posted before the Bench for hearing on the question of maintainability. On 05.09.2016, learned counsel appearing for the appellants conceded that the Registry is correct in holding that an appeal will not lie under Section 173 of the Motor Vehicles Act. He sought time for curing the defect, which was allowed. Thereafter the case was re-presented with correction made in the 'Docket Sheet' in the cause title portion, styling it as an 'appeal', instead of "MACA". But the memorandum of appeal in all other respects remained as such. On the request of the counsel for the appellants, the matter was posted before this Bench, for hearing on the question of maintainability. Senior Advocate Sri. P. Vijayabhanu has consented to assist the court as Amicus Curiae. Hence the question of maintainability was heard in detail.

The petitioners in the writ petition, W.P (C) No.12189/2007, are the appellants herein, challenging judgment of the Single Judge dismissing the writ petition. The 1 st appellant is the State of Sikkim and the 2nd appellant is the Distributor of the paper lotteries organized by the 1st appellant in the State of Kerala. Constitutional validity of the Kerala Tax on Paper Lotteries Act, 2005 ('the Act' for short) is under challenge in the writ petition. The respondents herein are the respondents in the writ petition, the State of Kerala and its officials.

2. Brief history of the impugned legislation may be worthfull to mention. By virtue of the Finance Act, 2001, introduced with effect from 23-07-2001, the State of Kerala has introduced Section 5BA to the Kerala General Sales Tax Act, 1963 ('KGST Act' for short) imposing licence fee on the draw of W A No.648/2008 -4- lotteries, in lieu of tax payable under Section 5 (1) of the KGST Act. Validity of Section 5BA was under challenge before this court. In the decision in Commercial Corporation of India Ltd. V. Additional Sales Tax Officer and others (2007 (2) KLT 397) = (2007 (2) KHC 427) this court held that Section 5BA of the KGST Act is ultra vires and unconstitutional. Eventhough the State of Kerala filed appeal before the Division Bench, it was dismissed by relying on the dictum laid by the Hon'ble Supreme Court in Sunrise Associates V. Govt. of NCT of New Delhi and others (AIR 2006 SC 1908), in which earlier ruling of the Hon'ble Supreme Court in H. Anraj V. Govt. of Tamil Nadu (AIR 1986 SC 63) was reversed and it was held that no tax can be levied, collected or demanded in connection with sale of lottery tickets. A Special Leave Petition filed by the State of Kerala against the Division Bench decision was also dismissed by the hon'ble Supreme Court in the ruling reported in State of Kerala V. Prabhavathy Thankamma and others ((2009) 3 SCC 511).

By around 7:30 PM on 3-8- 2002, the Sub Inspector of Police, Chandera Police Station (PW1) received secret information that a person by name Anil Kumar (appellant) would be reaching the bus waiting shed situated at Matlayi by around 8:30 PM for the purpose of selling the opium in his possession. Immediately, PW1 recorded the information in the General Diary, intimated his Superior Officer, the Circle Inspector of Police, Nileshwaram and proceeded to the spot. The police party lay in wait near the bus waiting shed and by around 8:45 PM, the appellant reached the spot in an autorikshaw and entered the bus waiting shed. Immediately, the Police party rushed to the waiting shed and on the Crl.A.244/06 3 appellant attempting to flee, apprehended him. PW1 thereupon, asked the appellant whether he required the presence of a Gazetted Officer while his body was searched and on the appellant answering in the negative, his body was searched and a plastic packet recovered from the pocket of his pants. On examination, the packet was found to contain opium, for the possession of which the appellant had no licence. The opium was weighed and found to be 350 gms in weight. Two samples of 25 gms each, were collected from the contraband and were packed and sealed separately. The remaining opium was also packed and sealed in the same manner. Ext.P3 seizure mahazar was prepared and the accused was arrested. Exhibit P4 FIR was registered thereafter. Later, Exhibit P8 chemical analysis report was received finding the sample to be opium.

Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent.

2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018.

2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.

3. The registration of the first information report is the process in terms of which the criminal law is set in a cognizable case. True, the first information report and all further proceedings thereto can be quashed by this court either to prevent abuse of the process of any court or otherwise, to secure the ends of justice where the allegations made in the first information report, even if they are taken at their face value and accepted in their entirety, do not, prima facie, constitute any cognizable offence, or where the criminal proceedings is manifestly attended with malafide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to Crl.M.C.No.4440 of 2018 5 private and personal grudge. It is, however, settled that the power to quash the first information report is a power that must be exercised sparingly and with circumspection in rarest of rare cases. It is also settled that the court would not be justified in embarking upon an enquiry in such cases as to the reliability or genuineness or otherwise of the allegations made in the first information report. The court cannot also enquire whether the allegations in the first information report are likely to be established [See M.Narayandas v. State of Karnataka, (2003)11 SCC 251].

2. The petitioner is the sole accused in the crime which is registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim involved in the case is a girl aged 16 years. The accused is the husband of the younger sister of the mother of the victim. The accusation in the case is that on 08.08.2016, and on several days thereafter, the accused has raped and committed penetrative sexual assault on the victim. The final report in the case is sought to be quashed on the Crl.M.C.No.463 of 2020 3 ground that the grievance of the victim has been redressed, and she does not intend any more to pursue this matter. An affidavit to that effect by the victim is also part of the records.

2. Pursuant to the decision of the Government of Kerala to apply part of the proceeds of the financial aid received from the World Bank through the Government of India for execution of the work, namely "KSTP-II -Upgrading Punalur to Ponkunnam Road (SH 8) Package 8A: Km 0+000 (Punalur) to KM 29+840 (Konni)"(the Work), the Kerala State Transport Project (KSTP), the Consultant Engineer of the Government of Kerala for the World Bank aided projects, invited bids for construction and completion of the Work. Ext.P1 is the procurement notice issued by KSTP in this connection. It is specified in Ext.P1 notice that the bidding will be conducted in accordance with the Wpc nos.26853 & 31556 of 2019 6 procedures prescribed in the Guidelines issued by the World Bank for procurement under IBRD loans and IDA credits (current edition) and it will be open to all eligible bidders as defined in the said Guidelines to participate in the bidding process. In terms of the Invitation to Bid (ITB) published in this regard by KSTP, the prospective bidders could be individuals or joint ventures and they were to submit technical as also financial bids.

2. The petitioner, his elder brother Mohanan and his elder sister Sarasamma were residing in adjoining houses. Mohanan had a daughter named Arya, aged 13 years. She committed suicide on 2.2.2015 by hanging herself in a tree near W.P.(C) No.30976 of 2018 4 her house. The deceased was studying in 8 th standard at the relevant time. It was Sarasamma who first found Arya hanging in the three. The petitioner went to the spot hearing the hue and cry of Sarasamma. The matter was informed to the Police thereupon by the petitioner. In the autopsy, it was revealed that the deceased was subjected to both vaginal as also anal intercourse. The case which was registered earlier under Section 174 of the Code Of Criminal Procedure (the Code) was consequently amended as one under Sections 305 and 376 of the Indian Penal Code (the IPC) and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act (the POCSO Act). In the investigation conducted thereupon, the Police came to the conclusion that it was the petitioner who has abused the deceased sexually and she committed suicide on account of the said reason. Consequently, final report was filed in the case under Sections 305 and 376 (2) (f) of the IPC and Section 3 read with Section 4 and Section 5(l) read with Section 6 of the POCSO W.P.(C) No.30976 of 2018 5 Act. Exhibit P2 is the final report in the case. The accusation in the case is that the petitioner who was residing alone in the neighbourhood of the house of the deceased has raped and committed penetrative sexual assault on the deceased on 10.1.2015 and on several occasions thereafter at her house and thereby abetted the deceased to commit suicide.

2. Crl.M.C.No.1343 of 2020 is one instituted by the State invoking the power of this Court under Sections 439(2) and 482 of the Code of Criminal Procedure (Code), seeking orders setting aside Annexure-B order in terms of which the Court of the First Additional Sessions Judge, Thrissur granted bail to the respondent who is the sole accused in Crime No.47 of 2020 of Chelakkara Police Station. The crime aforesaid is one registered for offences punishable under Section 354 of the Indian Penal Code(the IPC), Sections 9(f), 9(k) and 9(m) read Crl.M.C.Nos.1237 & 1343 of 2020 4 with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The accused is a teacher and NCC instructor in the school where the victim girl aged 11 years who is intellectually disabled is pursuing her studies. The accusation is that on 23.01.2020, during lunch break, the accused took the victim girl to the NCC room, locked the room from inside and touched her breast and private parts with sexual intent. As stated, Crl.M.C.No.1237 of 2020 is also one instituted for the same relief by the mother of the victim girl.

"(i) to issue a writ of mandamus or such other writ, order or direction to the respondents 1 and 2 not to proceed against the properties of the petitioners which is not a secured asset of the 1st respondent bank for the debts due from the third respondent.

(ii) to issue a writ of certiorari or such other writ, order or direction quashing all proceedings pursuant to Exhibit P1 pending before the Chief Judicial Magistrate Court, Thriruvananthapuram, finding that the property sought to be taken possession is not a secured asset of the 1st respondent.

"That CISF No.902292498 Constable K. Lakshmanan of CISF Unit, NMPT Mangalore was W.P.(C) No. 28322 of 2015 4 detailed for B' Shift duty on 29.05.2009 from 1300 hrs to 2100 hrs along with No.721370091 HC/GD K. Sreedharan at K.K. Gate-Out. Shri K. Korappan, AC, CISF Unit NMPT Mangalore, while carrying out surprise checking at 2055 hours on 29.05.2009 along with SI/Exe R.R. Singh, In-charge(CIW), Shri K. Korappan directed to SI/Exe R.R. Singh to conduct pocket checking of B' shift duty personnel deployed at K.K. Gate. Accordingly SI/Exe R.R. Singh conducted pocket checking of Constable K.Lakshmanan in presence of No. 753460102 ASI/Exe P.K. Thampy, In-charge, KK Gate and No.773430028 HC/GD Kuttan Pillai K.K., Main Gate-In and found an illegal money of Rs.1573/- (Rupees one thousand five hundred seventy three only) in possession of Constable K. Lakshmanan in various denominations and the amount was seized which was kept hidden between his belt and waist. When asked by Shri K. Korappan as to where the money came from and why he kept such huge amount with him, Constable K. Lakshmanan did not give any satisfactory reply. Immediately a seizure list was prepared wherein signature of witnesses were obtained. In this regard, a GD has been made at Sl. No.1324 at 2117 hours on 29- 05-09 at KK Gate. As per Unit standing instructions, duty personnel are not allowed to keep more than Rs.10/- for refreshment purpose during duty hours.

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SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I beg to present the following Reports (Hindi and English versions) of the Public Accounts Committee (2019-20):-

(1) 1st Report on ‘Revision of ceilings for Exception Reporting in Appropriation Accounts’.

(2) 2nd Report on Action taken by the Government on the Observations/Recommendations of the Committee contained in their 95th Report (16th Lok Sabha) on ‘Health and Family Welfare’.

(3) 3rd Report on Action taken by the Government on the Observations /Recommendations of the Committee contained in their 103rd Report (16th Lok Sabha) on ‘Assessment of Entities Engaged in Health & Allied Sector’.

SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I would like to flag the attention of the entire House towards this issue. In spite of volcanic and seething anger coupled with indignation, hate against…. …(Interruptions)

Sir, in spite of volcanic and seething anger coupled with indignation and hate against the gangrape incidents which have been occurring at regular intervals across the nation, there is no respite of this kind of brutal and bestial crime. सर, हम यहां बहुत सारे कानूनों की बात करते हैं, मृत्युदंड की घोषणा करते हैं । बहुत कुछ कर रहे हैं, लेकिन कभी-कभी लगता है कि क्या हम पैसे के बुद्धिमान और पाउंड के मूर्ख हैं?कोई कमी नहीं दिखाई देती । सर,हैदराबाद की घटना हुई, उसके बाद बंगाल में माल्दा, फिर उन्नाव का मामला आ गया । हम लोग कहां जाएं, हिन्दुस्तान के लोग कहां जाएं?सबसे बड़ी बात है कि उन्नाव में चार दिन पहले आरोपी को रिहा किया गया । आरोपी ने पीड़िता को मारने के लिए आग लगा दी । महिला भागती हुई, दौड़ती हुई किसी के पास शरण लेनी गई । उसके बाद हॉस्पिटल में भर्ती हुई,अभी दिल्ली आई । उसकी 95 परसेंट बॉडी जल गई । यह क्या हो रहा है?आज की तारीख 6 दिसम्बर को बाबरी मस्जिद ध्वस्त हुई थी और वहां मंदिर बन रहा है । एक तरफ हिन्दुस्तान में राम जी का मंदिर बन रहा है और दूसरी तरफ सीता को जलाया जा रहा है ।…(व्यवधान)

माननीय अध्यक्ष: माननीय सदस्यगण, जैसा कि आप सभी को विदित है, अठारह वर्ष पूर्व 13 दिसम्बर, 2001 को एक दुस्साहसिक हमले में हमारी लोकतांत्रिक राजव्यवस्था की प्रतीक भारतीय संसद आतंकी हमले का निशाना बनी ।

          यह हमला संसद परिसर की सुरक्षा में लगे हुए सतर्क सुरक्षा बलों द्वारा निष्फल कर दिया गया था। दिल्ली पुलिस के पांच सुरक्षाकर्मी, केन्द्रीय रिजर्व पुलिस बल की एक महिला कांस्टेबल, संसद सुरक्षा सेवा के दो सुरक्षा सहायक तथा एक अन्य कर्मचारी भी इस आतंकी हमले में शहीद हुए ।

          यह सभा हमारे बहादुर सुरक्षा कर्मियों द्वारा दिए गए सर्वोच्च बलिदान के प्रति अपनी श्रद्धांजलि अर्पित करती है तथा उनके परिवारों के साथ मजबूती से खड़ी है ।

          इस अवसर पर, हम आतंकवाद से लड़ने तथा अपने देश की एकता, अखंडता और सम्प्रभुता की रक्षा करने संबंधी अपने संकल्प को एक बार पुन: दोहराते हैं ।

माननीय अध्यक्ष: माननीय सदस्यगण, अब हम सत्रहवीं लोक सभा के दूसरे सत्र की समाप्ति की ओर आ गए हैं, जो 18 नवम्बर, 2019 को आरंभ हुआ था। अब तक, हम 20 बैठकें कर चुके हैं जो 130 घंटे 45 मिनट तक चलीं। 18 नवम्बर, 2019 को चार नए सदस्यों ने शपथ ली अथवा प्रतिज्ञान किया।

…(व्यवधान)

माननीय अध्यक्ष : इस सत्र में महत्वपूर्ण वित्तीय, विधायी और अन्य कार्यों का भी निपटान हुआ। वर्ष 2019-20 के लिए अनुदानों की अनुपूरक मांगों (सामान्य) पर चर्चा 5 घंटे 5 मिनट तक चली। वर्तमान सत्र के दौरान 18 सरकारी विधेयक पुर:स्थापित हुए। कुल मिलाकर 14 विधेयक पारित हुए। 140 तारांकित प्रश्नों के मौखिक उत्तर दिए गए। औसतन प्रतिदिन लगभग 7.36 प्रश्नों के उत्तर दिए गए। इसके अतिरिक्त औसतन प्रतिदिन 20.42 अनुपूरक प्रश्नों के उत्तर दिये गए। 27 नवम्बर, 2019 को सभी 20 तारांकित प्रश्न लिये गए।

2. The facts in short, as averred in the writ petition, are that the petitioners, seventeen in number and belonging to District Kathua, came to be engaged as Daily Rated Labourers in Civil as well as Mechanical Divisions of PHE, Kathua between the period October 1994 to January 2000 and since then they have been discharging their duties, which has also been certified and authenticated by the respondents themselves in the year 2005 2 SWP 677/2014 and also in the year 2010. It is averred that the petitioners during all these years made a number of representations to the respondents for regularization of their services and when nothing fruitful came out, they filed SWP No.143/2009. The said writ petition was filed by as many as 26 persons including the petitioners herein, which came to be disposed of on 01.11.2013 with a direction to the respondents to accord consideration to the petitioners case for regularization in the light of averments made in the petition, annexure appended thereto and of course in accordance with rules/scheme in J&K Civil Services (Special Provisions) Act, 2010 governing the field. However, instead of regularizing the services of petitioners, respondent No.2 vide Order No.PHEJ/GE/04/E of 2014 dated 04.01.2014, impugned herein, rejected the claim of petitioners. Hence, the present writ petition.

2. Notice issued shall indicate that reply shall be filed within two days of the receipt of notice.

List on 27th April 2020.

(RAJNESH OSWAL) (GITA MITTAL) JUDGE CHIEF JUSTICE Jammu 23.04.2020 Raj Kumar RAJ KUMAR 2020.04.23 15:38 I attest to the accuracy and integrity of this document

Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice.

2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity.

Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance.

Dismissed as withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

For the reasons stated in the application, the same is allowed.

Main petition is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

The prayer is allowed. The date of hearing in the main petition is preponed from 13.08.2020 to 05.05.2020. The same is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

When this case was taken up for consideration, learned counsel for the petitioner submits that during the pendency of these petitions, the petitioner has been retired on superannuation, therefore, these petitions have been Page 2 of 2 SWP No.34/2017 in SWP No. 893/2017 rendered infructuous and may be dismissed as such. His statement is taken on record.

Accordingly, these petitions are dismissed as having been rendered infructuous along with connected CM(s).

Interim direction, if any, shall stand vacated.

" CERTIORARI: quashing the letter No.ENT/DCS/2014/2010- 215 dated 17.11.2014 whereby the District Election Officer (Deputy Commissioner), Samba (respondent No.2) has provided respondent No.3, the list of employees of the office of respondent No.3 who have been deployed for election duties and called for training as per the schedule mentioned against each".

2. Since the Legislative Assembly Elections, 2014 in the State of Jammu & Kashmir are already over, therefore, this petition with the afflux of time has been rendered infructuous.

The respondent no. 2 filed counter against the bail application through e-mail during COVID-19, pandemic lockdown with exemption application to exempt the respondent no. 2 from filing affidavit in support of the counter.

The exemption application is accepted with the condition that directions of the Notification No. 86/UHC/Admin.B/2020 dated 11.04.2020 of this High Court will be followed by the respondent no. 2.

The counter of respondent no. 2 is taken on record.

The Criminal Appeal No. 93 of 2020 has been filed by the appellant-applicant against the Judgment & Order dated 22.01.2020, passed by the Special Sessions Judge, N.D.P.S. Act, Dehradun in Special Sessions Trial No. 40 of 2013 State Vs. Pranay Sati, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/- in the offence punishable under Section 8/20 (b) (ii) (B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as, "the Act, 1985").

2. Applicant Neeraj, who is in judicial custody, in Case Crime No. 107 of 2019, under Section 323, 504, 506, 354(D) and 376 IPC and Section 3(a) read with 4 of Protection of Children From Sexual Offences Act, 2012, Police Station Ganganahar, District Haridwar, has sought his release on bail.

3. Prosecution story, briefly stated is that the applicant and the victim were in relationship, but when the victim learnt about the bad habits of the applicant, she severed her relationship. But, the applicant started following her, pressurised her and started threatening her that in case, she would not follow the commands of the applicant, he would make her photographs viral. On 16.01.2019, the applicant telephonically called the victim; threatened her. Under the tremendous threat extended by the applicant, when the victim reached at the designated place, the applicant took her in a hotel, there the victim met two more boys, who guarded the room. There in the hotel, the applicant raped the victim; took her photographs and threatened her of dire consequences, if she reveals this incident to anyone. The boys, who were in the hotel with the applicant, started molesting her. Even the applicant made the photographs 2 viral. The FIR of the incident was lodged on 08.03.2019. It is this FIR, in which, after investigation, charge sheet has been submitted.

----Petitioner Versus State Of Rajasthan, through PP

----Respondent For Petitioner(s) : Mr. Asgar Khan.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed these bail applications under Section 439 of Cr.P.C.

3. F.I.R. No.44/2020 was registered at Police Station Khairthal, (Downloaded on 08/05/2020 at 08:47:14 PM) (2 of 2) [CRLMB-2343/2020] District Alwar, Police District Bhiwadi for offence under Sections 8/21 of NDPS Act.

For State : Mr. S.K. Mahala, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.307/2019 was registered at Police Station New (Downloaded on 08/05/2020 at 08:47:12 PM) (2 of 2) [CRLMB-2314/2020] Mandi, Hindauncity, District Karauli for offence under Sections 143, 323, 341, 427, 382 of I.P.C.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Counsel for the complainant has not given his detail, hence, could not be connected.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.343/2019 was registered at Police Station Kotwali, Jhunjhunu for offence under Sections 323, 365, 201, 302/34 of I.P.C. (FIR has been lodged for offence under Section 302 of IPC.)

5. It is contended by counsel for the petitioner that eye witnesses have turned hostile. As per the FSL report, cause of death is inconclusive. There was only a bruise on the person of the prosecutrix.