A. Telangana Prevention of Dangerous Activities Act, 1986—Section 3(2)—Preventive Detention—Grounds—Detenu involved in multiple ganja peddling cases—Detaining authority satisfied that ordinary law would not deter him and that detention was necessary to prevent reoffending and protect public order and health—Court upheld subjective satisfaction as justified on facts and circumstances. (Paras 2, 29, 30, 32, 39–41, 45, 49) B. Preventive Detention—Nature and Object—Preventive detention is preventive, not punitive—It aims to avert future offenses and can be ordered irrespective of pendency, discharge, or acquittal in prosecution. (Para 43) C. Preventive Detention—Public Order—Public order includes threats to public health—Drug peddling (e.g., ganja) endangers p...

A. Penal Code, 1860 (IPC)—Sections 386, 420, 468, 471, 447, 427, 506 read with 34—Quashing of FIR—Allegations of forged documents, land mutation, and threats held to attract prima facie ingredients of the offences; pendency of civil suits does not bar criminal proceedings; investigation at nascent stage should not be stifled; power under Section 482 Cr.P.C. to be exercised sparingly and with caution. (Paras 9–12) B. Criminal Procedure Code, 1973 (CrPC)—Section 482—Power to quash FIR—Exercise only in rarest of rare cases where allegations, even if taken at face value, do not disclose any offence; not to stifle legitimate investigation or examine truth/falsity of allegations; absence of detailed particulars or one or two ingredients does not justify quashing if factual foundation exists. (Para 11...

A. Constitution of India, 1950—Articles 14, 16, 21—Regularization of Service—Contract Employees—Petitioner appointed as Junior Engineer (Electrical)/Contract Manager in 2011, having completed 13 years of service—Rejection of regularization claim challenged on grounds of legality, natural justice, and constitutional provisions—Held, contract staff not ordinarily entitled to absorption against regular posts as per Supreme Court guidelines (Uma Devi case), but long service against sanctioned posts (over 10 years) warranted regularization with prospective effect. (Paras 8–11, 46, 48, 51) B. Telangana Dairy Development Co-operative Federation Regulations, 1976—Regulation 22—Petitioner fulfilling conditions for regularization under Regulation 22 and State Government policy (G.O.Ms.No.16) ...

A. Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d)—Demand and Acceptance of Bribe—Conviction Reversed—For an offence under Sections 7 and 13(1)(d), proof of demand and voluntary acceptance of illegal gratification is essential—In the present case, the prosecution failed to establish the element of demand beyond reasonable doubt—Key prosecution witnesses turned hostile, and the evidence suggested the amount received was towards supervisory charges rather than a bribe—Mere recovery of money without proven demand does not sustain conviction—Accordingly, the conviction was set aside. (Paras 10, 32, 35, 36) B. Evidence—Hostile Witnesses—Evidentiary Value—The testimony of a hostile witness is not to be discarded entirely but may be accepted to the extent it is found...

A. Criminal Procedure Code, 1973—Section 482—Quashing of Proceedings—Prima Facie Case—In proceedings arising from allegations under Sections 406, 420, and 120B IPC in relation to an agreement of sale, the High Court, while exercising powers under Section 482 CrPC, is not to assess the sufficiency of evidence or delve into disputed facts at the cognizance stage. The existence of a civil suit for specific performance does not preclude criminal proceedings where allegations disclose a cognizable offence—Interference is warranted only when the complaint is absurd, inherently improbable, or discloses no offence. (Paras 9, 10, 11, 19, 20, 21, 22, 23, 25) B. Indian Penal Code, 1860—Sections 406, 420, 120B—Cheating, Criminal Breach of Trust, Criminal Conspiracy—Scope—Allegations of non-regi...

A. Constitution of India, 1950—Article 226—Writ of Quo Warranto—Maintainability—A writ of quo warranto lies only in respect of a public office created by the Constitution, statute, or statutory rules—The position of Director (Finance) in Singareni Collieries Company Limited (SCCL), a government-controlled company, is not a public office in this sense—Consequently, no quo warranto petition lies against appointments made to such posts. B. Constitution of India, 1950—Article 226—Writ of Quo Warranto—Locus Standi and Bonafides—Although locus standi is relaxed in quo warranto petitions, the petitioner must show that the post is a public office and that the appointment is illegal—A petitioner lacking bonafides—evidenced by prior frivolous litigation, dismissal from emplo...

(A) Matrimonial Law—Muslim Law—Talaq—Khula—Meaning of—Khula, derived from the Arabic term for "relinquishment," is a method of marital dissolution initiated by the wife who seeks to terminate the marriage—In this process, the wife consulting a Mufti (Jurist Consult) from her School of thought, who issues an advisory decision (Fatwa)—The wife may propose the dissolution and may offer to waive her right to Mahr (Dower), although such waiver is not mandatory—If private conciliation fail, the matter may escalate to litigation, requiring a Judge (Qazi) to render a judgment (Qaza) in accordance with Shariat principles. (Para 11) (B) Matrimonial Law—Muslim Law—Talaq—Khula—Procedure to obtain—Held, Khula is a no-fault divorce initiated by the Muslim wife&md...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Factors for Consideration—Gravity of Offence and Stage of Investigation—While exercising discretion under Section 482 of the BNSS for grant of anticipatory bail, the Court must evaluate key factors such as the nature and gravity of the alleged offence, the stage and status of the investigation, and the likely impact of bail on the investigative process—Anticipatory bail is not to be granted as a matter of routine, particularly in cases involving serious allegations such as substantial financial misappropriation—Where the investigation is ongoing and at a crucial stage, the Court may justifiably decline anticipatory bail to ensure an unimpeded and effective investigation. ...

Limitation Act, 1963—Section 14—Election Petition—Limitation—Jurisdiction—Re-presentation before Correct Forum—Condonation Not Permissible—CRP Allowed—In this Civil Revision Petition, the High Court examined the maintainability of an Election Petition initially filed before the III Additional District Judge, Gadwal, who lacked jurisdiction under the Telangana Municipalities Act, 2019 and the Municipal Corporations Rules, 2020—Though the petition was later re-presented before the competent Principal District Judge, Jogulamba-Gadwal District, it was held that such re-presentation after pursuing the matter before a wrong forum for nearly 2 years and 9 months could not be condoned, as the Act is a complete code excluding application of Section 14 of the Limitation Act—The Court relie...

Evidence Act, 1872—Section 30Penal Code, 1860—Sections 147, 148, 302, 365, 201, 120-B r/w 149—Circumstantial Evidence—Acquittal for Co-Accused. An extra-judicial confession, while admissible, is a weak form of evidence requiring careful scrutiny and is credible only when voluntary, truthful, and corroborated by other reliable circumstancesUnder Section 27, the discovery of facts pursuant to custodial information from an accused is admissible and carries probative value, especially where such discovery, as in this case, includes recovery of burnt bones of the deceased from a concealed locationDNA profiling corroborating the identity of the remains further strengthens the chain of circumstantial evidenceWhere Accused No. 1’s confession is corroborated by such discovery and scientific evidence, his convicti...