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Chennai Court March 2016 Judgments

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Mar 08 2016

T.V. Srinivasan and Another Vs. Union of India, rep. by The Inspector ...

Court: Chennai

Decided on: Mar-08-2016

(Prayer:Petition filed under Section 482 of the Code of Criminal Procedure Code, to set aside the order of learned XI Additional Sessions Court cum Special Judge for CBI Cases in Crl.M.P.No.247 of 2016 in C.C.No.31 of 2010.) 1. A1 and A2in C.C.No.31 of 2010 on the file of the learned XI Additional Special Court [CBI Cases], Chennai, aggrieved by the order of the Trial Court dated 25.01.2016 passed under Section 311 Cr.P.C. in Crl.M.P.No.247 of 2016 directing them to deposit Rs.22,000/- as a condition to recall the witnesses for their cross examination, this Criminal Original Petition has been filed. 2. Learned counsel for the petitioners would submit that huge amount has been directed to be deposited as a condition precedent to recall the witnesses. It is unsustainable in law. 3. Learned Special Public Prosecutor [CBI cases] submitted that the petitioners shall not be allowed to drag on the trial. 4. I have anxiously considered the rival submissions and perused the impugned order and m...


Mar 08 2016

P. Annavi Vs. State through, The Superintendent of Police, Trichy Dist ...

Court: Chennai Madurai

Decided on: Mar-08-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to give a police protection for the petitioner's life and limb on the basis of his representation dated 02.02.2016 in accordance with law.) 1. This petition has been filed to direct the 2nd respondent to give a police protection for the petitioner's life and limb on the basis of his representation dated 02.02.2016 in accordance with law. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. It is the case of the petitioner he is the owner of Sri Durga Agro Enterprises at No.2/51, Poosari Street, Asoor, Thiruverumbur, Trichy, which has three branches in Trichy and that some persons are not permitting him to open the shop on the ground that he is selling substandard items. 4. Mr.Rajagopal, Sub-Inspector of Police Tiruverumbur Police Station is present before this Court. Learned Government Advocate (Crl.Side), on instruct...


Mar 08 2016

Somu @ Somasundharam and Others Vs. The Superintendent of Police, Tuti ...

Court: Chennai Madurai

Decided on: Mar-08-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent not to harass the petitioners in the guise of enquiry.) 1. This petition has been filedto direct the 2nd respondent not to harass the petitioners in the guise of enquiry. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State, who would, on instructions from the respondent police, submit that neither a case nor a petition enquiry is pending against these petitioners on the file of the respondent police. 3. Recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed....


Mar 08 2016

H. Mohammed Mohideen Vs. Palaniyappan, The Managing Director

Court: Chennai

Decided on: Mar-08-2016

(Prayer: Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent for wilful disobedience of the order passed in W.P.No.17205 of 2012 dated 30.01.2014.) 1. Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondent. 2. It comes to be known that this Court on 30.01.2014 in W.P.No.17205 of 2012 (filed by the Petitioner) had directed the Respondent/Slum Clearance Board to consider the representation of the Petitioner dated 08.04.2010 in a fair, just, objective fashion etc. within a period of four weeks from the date of receipt of a copy of this order. 3. At this stage, the Learned Counsel for the Respondent/ Board brings it to the notice of this Court that the Respondent/ Board had considered the representation of the Petitioner dated 08.04.2010 and also passed an order on 17.03.2014 relating to the issuance of Sale Deed in respect of Plot No.7, Erukkanchery High Road, Chozhan Nagar, Vyaasarpadi, Chennai and in effect, th...


Mar 08 2016

Dr. Kanagasundaram Vs. The Director General of Police, Chennai and Oth ...

Court: Chennai Madurai

Decided on: Mar-08-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to withdraw the case in Crime No.183 of 2013 on the file of the 6th respondent and entrust the same to the 2nd respondent to complete the investigation.) 1. This petition has been filedto direct the 1st respondent to withdraw the case in Crime No.183 of 2013 on the file of the 6th respondent and entrust the same to the 2nd respondent to complete the investigation. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State and perused the materials placed on record. 3. On the complaint given by Dr.Kanagasundaram, the respondent police have registered a case in Crime No.183 of 2013 on 24.07.2013 for the offence under Section 3(1)(x) of SC/ST Act against one Ravaneswaran. The petitioner filed a petition in Crl.O.P.(MD) No.19001 of 2013 for transferring the investigation in Crime No.183 of 2013 from the file of Lalgudi Poli...


Mar 08 2016

P. Senthil Vs. The Inspector Of Police, Trichy

Court: Chennai Madurai

Decided on: Mar-08-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to provide the effective police protection to the petitioner's company to erect the cell phone tower and to install all the telecommunication electrical and electronics equipments and its maintenance on the said BTS transmission tower at bearing survey no. 145/1 melasridevimangalam village in Acre 2.79 Cents of Land belongs to Mr. Shanmugham S/o. Arumugham.) 1. This petition has been filedto provide the effective police protection to the petitioner's company to erect the cell phone tower and to install all the telecommunication electrical and electronics equipments and its maintenance on the said BTS transmission tower at bearing survey no. 145/1 melasridevimangalam village in Acre 2.79 Cents of Land belongs to Mr. Shanmugham S/o. Arumugham. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State and perused the materials placed on record. 3. In...


Mar 08 2016

Kuppan Vs. The State of Tamil Nadu rep by its Secretary to the Governm ...

Court: Chennai

Decided on: Mar-08-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records relating to the impugned order in BDFGISSV No.717/2015 dated 10.8.2015 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the detenue Ayyappan, son of Kuppan, aged about 23 years, now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.) M. Jaichandren, J. 1. The petitioner, who is the father of the detenu, Ayyappan, son of Kuppan, aged about 23 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 10.8.2015 against his son branding him as a Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 1...


Mar 08 2016

M. Sankara Subramanian Vs. The Director General of Police, Law and Ord ...

Court: Chennai Madurai

Decided on: Mar-08-2016

(Prayer: Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.23118 of 2015 dated 21.12.2015.) S. Manikumar, J. 1. Challenge in this appeal by the petitioner/Mr.M.Sankara Subramanian, party-in-person, is to an order, made in W.P(MD)No.23118 of 2015 dated 21.12.2015, by which, a learned Judge of this Court, has declined to issue a Writ of Certiorarified Mandamus, filed to quash a show cause notice, dated 11.12.2015, issued by the 4th respondent/Estate Officer, Assistant Commissioner of Police,City Crime Record Bureau, Tirunelveli City. 2. Show cause notice, dated 11.12.2015, impugned in W.P(MD)No.23118 of 2015, is extracted hereunder:- ''FORM A (SEE RULE 3 OF THE TAMIL NADU PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) RULES, 1878) Notice to show cause against orders of eviction under section 4 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants Act, 1975 (Tamil Nadu Act 1 of 1976) Where as, I N.NACHIMUTHU, ASST. COMMISSIONER OF PO...


Mar 07 2016

Velavan Vs. State, rep. by The Inspector of Police, Thirumullaivoil Po ...

Court: Chennai

Decided on: Mar-07-2016

(Prayer: Criminal appeal preferred under Section 374(2) Cr.P.C., against the judgement dated 16.11.2009 passed by the Additional Sessions Judge (Fast Track Court No.III), Poonamallee, in S.C.No.222 of 2006.) S. Nagamuthu, J. 1. The appellant is the sole accused in Sessions Case No.222 of 2006, on the file of the Additional Sessions Judge(Fast Track Court No.III, Poonamallee). He stood charged for the offence under Sections 498-A and 302 of the Indian Penal Code. By judgement dated 16.11.2006, the trial Court convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-, in default, to undergo rigorous imprisonment for five years. The trial Court acquitted him for the charge under Section 498-A of the Indian Penal Code. Challenging the said conviction and sentence, the appellant is before this Court with this appeal. 2. The case of the prosecution in brief is as follows: (a) The deceased in this case was one ...


Mar 07 2016

Veeran Vs. The Superintendent of Police, Pudukkottai District and Othe ...

Court: Chennai Madurai

Decided on: Mar-07-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent herein to forthwith provide necessary police protection to the petitioner on the basis of his representation dated 25.08.2015.) 1. This petition has been filed to direct the 2nd respondent herein to forthwith provide necessary police protection to the petitioner on the basis of his representation dated 25.08.2015. 2. When the matter was taken up for hearing learned Government Advocate (Crl.Side) submitted that on the complaint given by this petitioner, a case in Crime No.152 of 2015 under Sections 147, 148, 294(b), 336 and 506(ii) IPC has been registered against 11 persons, including respondent nos.3 to 6. 3. Recording the same, this Criminal Original Petition is closed. If there is any threat to the life and limb of the petitioner, the respondent police shall give necessary protection....


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