service matter = when the termination of service at the end of probation due to unsatisfactory work- can not ask for reinstate = termination of the services of Respondent No.1 at the end of the period of probation was due to unsatisfactory work and not for any misconduct. – We are constrained to hold that there is no basis for the finding of the High Court that the real reason for the Order dated 31st December, 2008 was to ensure that the manner in which Respondent No.4 was appointed to the post of Engineer-C (Civil) remained concealed. We are satisfied that the Order dated 31st December, 2008 does not suffer from any infirmity and it is an Order of termination simpliciter. There is sufficient material on record to 9 indicate that Respondent No.1 was informed about his unsatisfactory performance during the period of his probation.

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No. 2926 of 2018 (Arising out of S.L.P. (Civil) No .4208 OF 2011) Director Aryabhatta Research Institute Of Observational Sciences (ARIES) & Anr. … Appellants Versus Devendra Joshi & Ors. … Respondents WITH Civil Appeal No. 2927 of 2018 (Arising out of S.L.P.… Read More service matter = when the termination of service at the end of probation due to unsatisfactory work- can not ask for reinstate = termination of the services of Respondent No.1 at the end of the period of probation was due to unsatisfactory work and not for any misconduct. – We are constrained to hold that there is no basis for the finding of the High Court that the real reason for the Order dated 31st December, 2008 was to ensure that the manner in which Respondent No.4 was appointed to the post of Engineer-C (Civil) remained concealed. We are satisfied that the Order dated 31st December, 2008 does not suffer from any infirmity and it is an Order of termination simpliciter. There is sufficient material on record to 9 indicate that Respondent No.1 was informed about his unsatisfactory performance during the period of his probation.

criminal laws – what is prohibited whether filing of two firs by one part against same accused or filing case and counter case against each other ? = if two FIRs are filed in relation to the same offence and against the same accused, whether the subsequent FIR was liable to be quashed or not. = the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter-FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 408 OF 2018 (Arising out of S.L.P.(Crl.)No.7970 of 2014) P. Sreekumar ….Appellant(s) VERSUS State of Kerala & Ors. ….Respondent(s)   J U D G M E N T Abhay Manohar Sapre, J. 1) Leave granted. 2) This appeal is directed against the… Read More criminal laws – what is prohibited whether filing of two firs by one part against same accused or filing case and counter case against each other ? = if two FIRs are filed in relation to the same offence and against the same accused, whether the subsequent FIR was liable to be quashed or not. = the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter-FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint

Section 482 Cr.P.C by the petitioner/A4 seeking to quash the proceedings against him – dismissed – creditor can maintain a civil and criminal proceeding at the same time. Both the proceeding, thus, can run parallely.= standard of proof in a criminal case vis-a-vis a civil suit, indisputably is different. Whereas in a criminal case the prosecution is bound to prove the commission of the offence on the part of the accused beyond any reasonable doubt; in a civil suit `preponderance of probability’ would serve the purpose for obtaining a decree. Therefore, though the order of the CESTAT attained finality on civil side, still criminal proceedings against fraud and cheating can be independently established by the prosecution. HIGH COURT-HYDERABAD

THE HONBLE SRI JUSTICE U. DURGA PRASAD RAO   Criminal Petition No.2265 of 2015   02.03.2018   Anil Kumar Aggarwal…. Petitioner/Accused No.4   The State of Andhra Pradesh, Inspector of Police, Central Bureau of Investigation,Visakhapatnam,Rep. By its Public Prosecuto   Counsel for Petitioner : Pillix Law Firm   Counsel for Respondent : Sri K. Surender,… Read More Section 482 Cr.P.C by the petitioner/A4 seeking to quash the proceedings against him – dismissed – creditor can maintain a civil and criminal proceeding at the same time. Both the proceeding, thus, can run parallely.= standard of proof in a criminal case vis-a-vis a civil suit, indisputably is different. Whereas in a criminal case the prosecution is bound to prove the commission of the offence on the part of the accused beyond any reasonable doubt; in a civil suit `preponderance of probability’ would serve the purpose for obtaining a decree. Therefore, though the order of the CESTAT attained finality on civil side, still criminal proceedings against fraud and cheating can be independently established by the prosecution. HIGH COURT-HYDERABAD

Criminal trial = APPRECIATION OF EVIDENCE AND CREDIBILITY OF WITNESS = Any violation in the procedure, by the people concerned, cannot be allowed to operate to the detriment of the victims, who have no role to play in the compliance and non compliance of the prescribed procedure. The sentry book, no doubt, shows that the accused was on sentry duty from 18:00 to 20:00 hours; P.W.13 explains that no entries would be made in the sentry book, if people go out for short time. ; When something which finds place in the report, does not find place in the 161 Cr.P.C. statement, it loses significance as an omission, while appreciating the credibility of the witness.

THE HONBLE SMT JUSTICE T.RAJANI   Criminal Appeal No.199 of 2008   01.03.2018   Punam Satyanarayana Dora….. Appellant   State of A.P. ….. Respondent   Counsel for Appellant:Mr. G.V.Shivaji   Counsel for Respondents:Public Prosecutor (AP) <GIST :   >HEAD NOTE :   ? Cases referred :   SMT. JUSTICE T.RAJANI   Criminal Appeal No.199 of… Read More Criminal trial = APPRECIATION OF EVIDENCE AND CREDIBILITY OF WITNESS = Any violation in the procedure, by the people concerned, cannot be allowed to operate to the detriment of the victims, who have no role to play in the compliance and non compliance of the prescribed procedure. The sentry book, no doubt, shows that the accused was on sentry duty from 18:00 to 20:00 hours; P.W.13 explains that no entries would be made in the sentry book, if people go out for short time. ; When something which finds place in the report, does not find place in the 161 Cr.P.C. statement, it loses significance as an omission, while appreciating the credibility of the witness.

or.21, rule 90 CPC- claim petition by society – non production of mortgage deed – sale conducted by suppressing the mortgage – trial court and appellant court dismissed the claim petition – High court remand the case for fresh disposal giving an opportunity to the society to adduce fresh evidence as there are allegations of misappropriation of public fund by Jdr in the capacity of president of society. HIGH COURT OF HYDERABAD

HONBLE DR. JUSTICE B. SIVA SANKARA RAO   CIVIL REVISION PETITION No.5834 of 2011   09-03-2018   Rowthulapudi Primary Agricultural Cooperative Credit Society Petitioner   Kalla Sitaramam and 4 others .Respondents   Counsel for the petitioner :Smt. B. Vijaya Lakshmi   Counsel for the respondents : Sri KB. Ramanna Dora   <GIST:   >HEAD NOTE:… Read More or.21, rule 90 CPC- claim petition by society – non production of mortgage deed – sale conducted by suppressing the mortgage – trial court and appellant court dismissed the claim petition – High court remand the case for fresh disposal giving an opportunity to the society to adduce fresh evidence as there are allegations of misappropriation of public fund by Jdr in the capacity of president of society. HIGH COURT OF HYDERABAD

Section 205 Cr.P.C.- exemption from personal appearance from date to date attendance before trial court – distance between residence of the accused and the place of trial at Patna is 1750 kms. It was further stated that appellant No.3, Ashok Kumar Yadav was a business man and running Company in Pune and appellant No.4 was a student of BCA in Pune. Taking into consideration the entire facts and circumstances and the grounds taken by the appellants in their application under Section 205 Cr.P.C. as well as in the application under Section 482 Cr.P.C. filed before the High Court, we are of the view that sufficient grounds were made out for granting exemption from personal appearance of the appellants in the trial. The Magistrate committed error in not adverting to the grounds taken for praying the exemption and rejected the application on the reasons which were unfounded.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.387 OF 2018 (arising out of SLP(Crl.)No.6786 of 2017) SRI RAMESHWAR YADAV & ORS. … APPELLANTS VERSUS TEH STATE OF BIHAR & ANR. … RESPONDENTS J U D G M E N T ASHOK BHUSHAN, J. This appeal has been filed against… Read More Section 205 Cr.P.C.- exemption from personal appearance from date to date attendance before trial court – distance between residence of the accused and the place of trial at Patna is 1750 kms. It was further stated that appellant No.3, Ashok Kumar Yadav was a business man and running Company in Pune and appellant No.4 was a student of BCA in Pune. Taking into consideration the entire facts and circumstances and the grounds taken by the appellants in their application under Section 205 Cr.P.C. as well as in the application under Section 482 Cr.P.C. filed before the High Court, we are of the view that sufficient grounds were made out for granting exemption from personal appearance of the appellants in the trial. The Magistrate committed error in not adverting to the grounds taken for praying the exemption and rejected the application on the reasons which were unfounded.

criminal procedure code – investigation – transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency = In case of faulty investigation, where an accused has been wrongly roped in, he has right to seek all remedies before Court of Law for further investigation and a Court of Law is able to marshall all evidence and capable of discerning truth from evidence on record. Although as a principle, there is no fetter on an accused to move a Court of Law for transfer of investigation, but on the facts of this case as noted above, we do not think it to be a fit case where this Court may exercise jurisdiction under Article 32 to transfer the cases enmass to an independent agency.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 182 OF 2017 BIMAL GURUNG … PETITIONER VERSUS UNION OF INDIA & ORS. … RESPONDENTS J U D G M E N T ASHOK BHUSHAN, J. The petitioner, the President of Gorkha Janmukti Morcha (hereinafter referred to as “GJM”), has… Read More criminal procedure code – investigation – transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency = In case of faulty investigation, where an accused has been wrongly roped in, he has right to seek all remedies before Court of Law for further investigation and a Court of Law is able to marshall all evidence and capable of discerning truth from evidence on record. Although as a principle, there is no fetter on an accused to move a Court of Law for transfer of investigation, but on the facts of this case as noted above, we do not think it to be a fit case where this Court may exercise jurisdiction under Article 32 to transfer the cases enmass to an independent agency.