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. 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.

which was notified by the Bihar Government vide letter No. 14/DLA-Margdarshal- LA Act (Bharat Sarkar)-238/2013-1342 dated 14.12.2015 in the light of Section 24 (i) (a) of the Provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for payment of compensation to the petitioners in the light of Market value of the land on 01.01.2014.

(iii) For any other relief/reliefs for which the petitioners are entitled under the law in the light of fact and circumstances of the case in the interest of justice.

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.

R.SAKTHIVEL, J.

These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them.

11.11.2024 Order No.

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

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

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

12.11.2024 Order No.

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

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

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

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

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 Aska P.S. Case No.111 of 2022 corresponding to G.R. Case No.237 of 2022 pending in the Court of learned J.M.F.C., Aska for alleged commission of offences under sections 147/148/149 / 307/323/324/458 of the I.P.C.

Learned counsel for the petitioner submitted that similarly situated co-accused persons have already been granted bail by this Court in ABLAPL No.2898 of 2022 vide order dated 26.04.2022.

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.

Learned Counsel for the petitioner submits there was an intimate relationship between two young persons. They had eloped and married voluntarily. He prays for anticipatory bail.

2. Learned Counsel for the State opposes the prayer for anticipatory bail and submits victim is a minor.

3. We have considered the materials on record. Statement of the minor supports the contention of the petitioner. Under such circumstances, we are of the opinion no worthwhile purpose would be served in committing the petitioner to custody. Accordingly, we are inclined to grant anticipatory bail to the petitioner.

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