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Date : 11.11.2024

1. Heard Mr. B. D. Konwar, learned senior counsel assisted by Mr. H. Agarwal, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State.

2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Mohammad Tahzeeb, impugning the order dated 27.09.2024 as well as 04.10.2024 whereby 308.14 tons of coal, which is claimed to be the property of the petitioner, has been given in custody of the respondent No. 2 and the prayer for giving zimma of the same to the petitioner has been rejected.

3. The learned senior counsel for the petitioner has submitted that the petitioner is the proprietor of Lalpahar Coal Depot, Tinsukia, Assam and operates a lawful business of coal processing and distribution with requisite statutory licenses and authorization including GST registration and NOC from local authorities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Considering the aforesaid circumstances, application is allowed.

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

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

Case diary is available.

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

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

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

Case diary is perused.

Learned counsel for the rival parties are heard.

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

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

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

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

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

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

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

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

With the consent of the parties, heard finally.

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

12.11.2024 Order No.

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

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

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

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

arrangement (video conferencing/physical mode).

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

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

Perused the F.I.R.

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

Through: -

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

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

08.11.2024

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

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

11-11-2024

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

Through: -

Mr. Furqan Yaqoob, GA CORAM:

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

Through: -

Mr. Furqan Yaqoob, GA CORAM:

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

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

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

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

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

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