1. Leave granted.

2. These appeals arise out of the common Judgment and Order dated 15.11.2018 passed by the High Court of Delhi at New Delhi in Criminal M.C. No.3391 of 2017 and in Criminal M.A. No.13845 of 2017, by which the High Court affirmed (i) the order dated 26.10.2016 passed by Mahila Court in proceedings initiated by the appellant under Section 12 of the DV Act1 and (ii) 1 The Protection of Women from Domestic Violence Act, 2005 CRIMINAL APPEAL NOS.417-418 OF 2020 @ SLP (CRL) NOS.4044-4045 OF 2019 NEELAM GUPTA VS. MAHIPAL SHARAN GUPTA AND ANOTHER 2 the order dated 15.04.2017 passed by Additional Sessions Judge-2, (North), Rohini Courts, Delhi in Criminal Appeal No.30 of 2016.

1. Leave granted.

2. This appeal challenges the judgment and order dated 12.2.2019 passed by the High Court1 dismissing Letters Patent Appeal No.97 of 2019 1 The High Court of Delhi at New Delhi 2 Civil Appeal No.2379 of 2020 (arising out of SLP (C) NO.5269 of 2019) BCH Electric Limited Vs. Pradeep Mehra and thereby affirming the decision of the Single Judge of the High Court in Writ Petition No.10318 of 2017.

3. By Trust Deed executed on 19.03.1979 between the appellant, a company registered under the Indian Companies Act, 1956 on one hand and three trustees on the other, an “Approved Gratuity Fund” was constituted “for the purpose of providing Gratuities to the employees of the Company under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’) and the Gratuity Scheme of the Company”.

2. This petition has been moved by the State under Section 439(2) read with Section 482 of the Cr.P.C. for cancellation of bail granted vide order dated 30.04.2020 by the learned ASJ, Patiala House Courts, New Delhi to the respondent/accused in FIR No.111/2000 dated 06.04.2000 under Sections 420/120B of the IPC, registered at Police Station Chanakya Puri, New Delhi, which has been investigated by the Crime Branch. According to the petitioner/State, during investigations of an extortion case relating to FIR No.249/1999 dated 13.11.1999 under Sections 387/506 of the IPC registered at Police Station DBG Road Delhi, the Crime Branch came to know that some persons were conspiring to fix the India-South Africa Cricket Test CRL. M.C. 1468/2020 Page 1 of 26 Series to be played in the months of February to March, 2000 whereunder five One-Day matches and three Test matches were to be played at various places in India. The accused/respondent is alleged to have played a major role in fixing these matches, as it is alleged by the petitioner/State that he was the main link between the players and an alleged Syndicate which was running betting on these matches and had profited hugely from these match fixings as they controlled the outcome of each of these matches.

2. It is the case of the plaintiff that on 5 th November, 2016, defendant No. 1 went to her parents' place along with her belongings and valuables and despite the best efforts of the plaintiff and her husband to try to settle the disputes between the defendant No. 1 and defendant No. 2 to save their marriage, due to adamant behaviour of defendant No. 1, no result was forthcoming. Defendant No. 2 thus filed the divorce petition on the ground of fraud and cruelty against defendant No. 1 which proceedings are pending before the Family Courts, Rohini. Since defendant No. 2 is also not residing in the suit property and has filed the divorce petition, defendant No. 1 has no right to come to the suit property. The suit premises is neither the matrimonial home of the defendant No. 1 nor a shared household.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 12.1.2020 by Police Station Pahadgarh district Morena in connection with Crime No.133 of 2019 registered in relation to the offence punishable u/S.326, 147, 148, 149, 336, 323, 324, 325, 294 and 506 of IPC.

In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter would be referred as "the Act") against the order dated 16.3.2020 passed by Special Judge (Atrocities Act) Gwalior whereby the application of the appellant under Section 439 of Cr.P.C seeking bail has been rejected. Appellant is in custody since 7.3.2020 in connection with Crime No. 14 of 2020 registered at Police Station Hastinapur district Gwalior for the offence punishable under Sections 363, 366, 376 and 34 of IPC and 3 (1) (w) (ii), 3 (2) (va) of the Atrocities Act.

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W. P. No. 6095/2020

12. The Commissioner, vide order dated 28.02.2020, has finally decided the appeal and set-aside the order of the Collector holding that the petitioner is not entitled to get the ten marks of BPL because admittedly, the name of her husband was not there in the BPL list before the date of issuance of the advertisement, but it was added only on the last date of submitting the applications i.e. 20.07.2015, whereas the advertisement was issued on 07.07.2015. The Commissioner, therefore, observed that if the ten marks of BPL card are deleted from the total marks awarded to the petitioner, then her total marks adds up-to 61, whereas respondent No.5 secured 64.50 marks and as such, she secured first position in the list and the Commissioner directed the Project Officer, Integrated Child Development, Sidhi, to issue order of appointment in favour of respondent No.5 cancelling the appointment order of the present petitioner.

2. The case of prosecution against the appellant, in short, is that on 28/11/2018 father of the Prosecutrix (PW2) lodged a missing report bearing No.54/2018 (Ex.P/4) at Police Station Industrial Area, Satlapur to the effect that he is residing in a rental house of Jumman, opposite to Tapti School, Satlapur having six daughters, elder one prosecutrix aged about 12 years 10 months is studying in Class-8 th in Megha Vidya Mandir, not found in the house since morning also alleged some jewallary, ATM and money are missing. Placed a doubt on Appellant Neelesh Ahirwar who residing in the same building .

3

3. On the basis of said missing report, case of missing person (Ex.P/5) and first information report (Ex.P/6) for the offence punishable under Section 363 of IPC registered against suspicious Neelesh Ahirwar at Crime No.325/2018. The matter was taken into investigation. After recovering Prosecutrix she was sent for medical examination, report Ex.P/13 had been obtained. Statement under Section 161 of Cr.P.C. of the prosecutrix were recorded and on her statement, accused were arrested. On the basis of the statement recorded under Section 161 of Cr.P.C., Sections 376, 506 and 120-B of IPC were added in the case against the accused/appellant and other co accused Bablu. Medical examination report of the appellant is Ex.P/11. Forensic Science Laboratory, Sager report Ex.P/22 received in this regard. After completion of investigation, charge sheet was submitted before the competent Court against the appellant along with co-accused Bablu Ahirwar.

2. The facts giving rise to this petition, in short, are that the applicant got married with respondent No.1 as per Muslim rites and rituals. Respondent No.2 is father-in- law, applicant No.3 is mother-in-law , applicant No.4 is sister-in-law of the applicant. The applicant has been living in matrimonial hose along with all the respondents since marriage. Respondent No.1- husband of the applicant and respondent No.3-mother-in-law of the applicant are having joint title and possession of the questioned house (matrimonial house) where the applicant is living. While she was living in matrimonial house, she gave birth to a girl child, but, all the respondents wanted a male child, therefore, harassed her in so many occasions, beat her and did not allow her to go outside and when she got chance to go outside, she immediately filed a report against the respondents and 3 also filed an application under Sections 12, 17, 18, 19, 20, 22 of the Domestic Violence Act and prayed for maintenance and restriction order not to interfere in the possession of the applicant in her matrimonial house. The applicant also filed an application under Section 23 of Domestic Violence Act for interim order.

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 31.10.2014 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act 1985'), Raipur (C.G.) in Special Criminal Case No. 240/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and fine of Rs. 1,00,000/- with default stipulations.

2

2. As per case of the prosecution, on 12.01.2014, Police Officer- Shankar Chandrakar, In-charge of Government Railway Police, Raipur received information that two persons carrying contraband article ganja are traveling in train Ahmedabad Express. On the basis of said information, the Police Officer with other staff reached to the spot and recovered ganja to the tune of 38 Kg. from the appellant. After complying with all the legal formalities, the matter was investigated, appellant was charge- sheeted and after completion of trial, the trial court convicted as mentioned above.

1. Category-wise cut-off marks of the result declared on 16.04.2019;

2. Marks obtained by the appellant in written examination and candidates with what score have been selected from Rajasthan OBC quota;

3. On what basis will be candidates selected from among the 447 candidates finalized for medical examination.

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 12.06.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 01.07.2019, which was decided by the FAA vide order dated 04.07.2019, reiterating the stance taken by the PIO.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Aggrieved with denial of information, the appellant filed a First Appeal dated 20.08.2019, which was decided by the FAA vide order dated 06.09.2019, upholding the stance taken by the PIO and observing that the information could not be provided under the RTI Act since it did not fulfill the criteria of either human rights violation or of corruption as provided in the Section 24 of the RTI Act.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference. The Appellant participated in the hearing on being contacted on his telephone number: 99xxxxxx54 and reiterated the facts of his case and stated that he was working with CISF earlier and is currently with IB. Appellant stated during the course of hearing that he had posed similar queries before the MHA through a separate RTI application, which has been replied and he has received the requisite information. Having thus received the desired information, he does not wish to pursue the instant case.

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Dismissed as withdrawn.

(MANJARI NEHRU KAUL) JUDGE May 08, 2020 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 1 of 1 ::: Downloaded on - 09-05-2020 20:43:49 :::

The petitioner has already made representation against the impugned order dated 13.12.2019 (Annexure P-1) to the Vice Chancellor, Shree Guru Gobind Singh Tricentenary University, Gurugram. The worthy Vice Chancellor is directed to decide the representation within a period of two weeks from today, strictly as per the University Statues & Ordinance as well as on the basis of compromise arrived at between the petitioner and the 1 of 2 ::: Downloaded on - 09-05-2020 20:40:51 ::: CWP-7284-2020 -2- complainants.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 09-05-2020 20:40:51 :::

Prayer in the application is for grant of anticipatory bail in FIR bearing No.37 dated 05.03.2020, under Sections 376 and 120-B of Indian Penal Code, 1860 (Section 4 of The Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC were added later on) registered at Police Station Sadar, Jalandhar.

FIR was recorded on the statement of ABC (name withheld). She stated that in the year 2018, she alongwith her female friends had gone to the house of Jassa son of Kashmiri Lal for Lohri, where Jassa clicked group and individual photographs of the complainant and her friends. In February 2018, Reena Rani wife of Rui Das, sister-in-law of Jassa, called the complainant to her house and took photographs of the complainant with Jassa. Reena made Jassa and the complainant sit in a room and bolted the door from outside. When Jassa and complainant were alone in the room, 1 of 3 ::: Downloaded on - 08-05-2020 21:11:25 ::: CRM-M-12084 of 2020 {2} Jassa sexually assaulted the complainant. Somehow the complainant managed to get door opened and went back home. Jassa started harassing, black-mailing and threatened her. Later on, the complainant narrated the entire incident to her mother and submitted a complaint before the police authorities.

The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature.

Learned counsel for the petitioner inter alia contends that the story put-forth in the FIR is a fabricated one and he has been falsely implicated in the FIR despite the fact that the electricity connection, which was found tampered was not even in his name, but in the name of one Rajesh. Hence, there was no evidence which could connect the petitioner with the alleged offence under Sections 135, 138 and 150 of the Electricity Act.

It has been further submitted that the petitioner has been behind the bars since 06th February, 2020. He has an ailing mother of 80 years of age and a minor child in his house and there is no body to look after his family in the prevailing conditions on account of the pandemic outbreak.

Counsel for the petitioners has argued that as per the allegations in the FIR, the co-accused of the petitioners namely Binder Singh has caused the injury on the head of the complainant and he already stands arrested, however, he has been granted the concession of the regular bail by the trial Court. It is further submitted that both the petitioners are attributed injuries on the non-vital part of the complainant and it will be a debatable issue to be decided during the 1 of 2 ::: Downloaded on - 08-05-2020 20:56:16 ::: CRM-M No.12049 of 2020 (O&M) 2 course of trial, whether Sections 332 and 334 IPC are made out or not.

Learned counsel for the petitioner has inter alia submitted that the petitioner, who is a lady has been behind bars for almost 05 months. Further, a perusal of the FIR in question clearly reveals that no specific allegations have been levelled against her. It is thus very evident that she has been arrayed as an accused only because she happened to be the wife of the main accused - Navjot Singh. It has been further contended that she is confined in the Central Jail, Patiala, where one COVID-19 positive case too has been found. Hence, she be granted the concession of regular bail due to the prevailing outbreak of COVID-19 and also because the trial is unlikely to conclude in the near future.

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1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.

It is the submission of the petitioners that the respondent nos.9 to 12 were the erstwhile tenants who are allegedly occupying the impugned premises and are presently running a quarantine center as per the Memo No. H&FW/132/2020/128 (Annexure-P/6).

Mr. Gaggar, counsel appearing on behalf of the petitioner led by Mr. Aniruddha Chatterjee, submits that in spite of several representations having been made before the Officer-in-Charge, Karaya Police Station being the respondent no.8 herein and the Chief Secretary, Government of West Bengal being the respondent no.2 herein, no action has been taken by the State authorities.

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