Court : Chennai Madurai
..... sub-section (1) of section 167 of the code of criminal procedure, mandates that if the investigation could not be completed within twenty four hours from the time of arrest, he shall be produced before the ..... sub-article (2) of article 22 of the constitution and section 57 of the code of criminal procedure, an arrested person cannot be detained in the custody of the police beyond the period of twenty-four hours without the authorization of a magistrate. ..... the part of the learned xxiii metropolitan magistrate, saidapet, chennai, in accepting the surrender of a1 to a4 and in remanding them to custody as according to the learned counsel, the said magistrate has power under subsection (2) of section 167 of the code of criminal procedure to accept the surrender of the accused and to remand them to custody notwithstanding the fact that he has no jurisdiction either to try the case or to commit the same to the court of sessions. 36. ..... procedure when investigation cannot be completed in twenty-four hours ..... articles 21 and 22, law has been made by the parliament in the shape of section 57 of the code of criminal procedure, 1973 which states "no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances for the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the .....
Tag this Judgment!Court : Chennai Madurai
..... with similar issues and answered the queries as follows: "in the circumstances, after consideration of the entire matter, conclusions of this court are as follows:- (1) - by virtue of the proviso, as inserted in section 372 of the code of criminal procedure, 1973 by the criminal procedure code (amendment) act, 2008 (act 5 of 2009), a "victim" has been put at a higher pedestal, than a prosecuting agency or a complainant, in the matter of preferring an appeal against any order of a criminal court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation. ..... in what was known as the best bakery's case, the supreme court heavily came down upon the role of the investigating agency and the lethargy of the state in protecting the lives of the citizens. ..... his interest in getting the offender punished cannot be ignored or completely subordinated to the interest of the state. ..... it was further held as follows : mr.malhotra is right in submitting that it is only when section 147 of the criminal procedure code, 1898 was amended in 1955 that the complainant was given a right to seek special leave from the high court to file an appeal to challenge an acquittal order. .....
Tag this Judgment!Court : Chennai Madurai
..... revision of certain decisions of courts regarding the sufficiency of stamps (1) when any court in the exercise of its civil or revenue jurisdiction of any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the court to which appeals lie from, or references are made by, such first-mentioned court may, of its ..... hence, the objection raised by the plaintiff in the previous suit which is seen from ex.b3 and the evidence adduced by the plaintiff in the said suit in o.s.no.431 of 1976 cannot be given much importance especially when the suit properties were purchased in the joint names of both plaintiff and defendant and that there were several instances by which it can be shown that the properties were dealt with by both parties as their ..... , the expression collateral purpose has been considered in several binding precedents and the law that has been ultimately reiterated is that a party cannot use the unregistered document in any legal proceedings to bring about indirectly the effect which it would have had if it is registered. ..... , on a harmonious reading of section 33, section 35, section 36 and section 61, the order admitting an unstamped or insufficiently stamped instrument is final and hence, the view of the hon'ble supreme court in the facts of the case cannot be doubted. .....
Tag this Judgment!Court : Chennai Madurai
..... section 12 of act 2 of 2016 (new act): 12 (1) when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: ..... (old act) (1) when any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety 1[or placed under the supervision of a probation officer or under the care of any fit institution of fit person ..... prayed for, cannot be given, as the source of power for grant of bail to a juvenile in conflict with law is not traceable to the code of criminal procedure, but to section 12 of ..... though this court cannot issue directions under section 482, the effect of which would be putting fetters on the power of the board to conduct a full and effective assessment of the juvenile's case for grant ..... section 482 cannot be used to foreclose the power of the board to conduct a full pledged enquiry under section 12 of .....
Tag this Judgment!Court : Chennai Madurai
..... according to the learned counsel for the petitioner, when the bank account comes within the meaning of 'property', under section 102 of code of criminal procedure, then, freezing of fixed deposit violates article 300(a) of the constitution of ..... an order by this court in directing the second respondent / indian bank, thennur branch, trichy district, to de-freeze his bank account, this court bearing in mind of the stand of the third respondent, to the effect that the investigation had revealed that the amounts received by the petitioner and his family members were not properly invested in any online business and in fact, the said money was used for their own use ..... as the petitioner is in need of fixed deposit money for his medical expenses and for making payment towards housing loan and also that the second respondent / bank cannot freeze his account, he has preferred the present writ petition before this court. 12. ..... seeking an order from this court in directing the second respondent / indian bank, thennur branch, trichy district, to de-freeze the his bank account, maintained by the second respondent / indian bank, thennur branch, trichy district, cannot be acceded to, to secure the ends of justice. ..... the freezing of the bank account cannot be legally sustained. ..... the same cannot be legally sustainable ..... one cannot ignore an important fact that a bank account of a person having no nexus or connection with an offence under reference would not be seized / freezed, as per decision rajamani .....
Tag this Judgment!Court : Chennai Madurai
..... , a) when the licensee has seized to have any lawful possession of the site; b) when the licensee is convicted and sentenced for any criminal offence or ordered to execute under chapter viii of the code of criminal procedure, 1973 and for getting a bond for keeping good behavior and c) when the cancellation of no objection certificate is absolutely necessary for maintaining public peace and ..... if the person so affected, on receipt of notice gives explanation and satisfies the authority that the proposed action cannot be taken and/or it is not at all warranted, then the authority who is competent to take action, can take a view or decision based on such ..... if no other view is possible or the explanation or objection to be made by such person cannot alter or have any bearing on the decision to be taken, there is no need to issue such ..... such extraordinary circumstances, if the authority decides to take action immediately without waiting for the petitioner to answer, such imminent and inevitable exercise of power, though not in conformity with natural justice principle, cannot be found fault with warranting interference by this court. 17. ..... at the same time, this court cannot ignore the revelation of the moral of the story that the place is not safe for the public peace. ..... equally the authority cannot have any other option except to ..... purpose of applying such principles is to put the affected person on notice and to get his views or explanation as to why such proposed action cannot be taken. .....
Tag this Judgment!Court : Chennai Madurai
..... from a cumulative reading of the said sections referred to supra, it is made clear that under section 154 of the code of criminal procedure, 1973, an information can be given to police so as to investigate particular offence mentioned therein, whereas under sections 190 and 200 of the said code, a person can give complaint to the concerned magistrate. ..... from the conjoint reading of the said decisions referred to earlier, it is easily discernible that a complaint under section 200 of the code of criminal procedure, 1973 can be made more than one person with regard to same cause of action and further it is made clear that in the code of criminal procedure, 1973 or criminal rules of practice, there is no format with regard to complaint to be given under the said section. ..... oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the ..... therefore the factual aspect putforth on the side of the petitioner cannot be decided now. ..... therefore it is quite clear that the legal contention putforth on the side of the petitioner cannot be accepted. 13. .....
Tag this Judgment!Court : Chennai Madurai
..... (2) the cases of prisoners undergoing imprisonment for life shall, ordinarily be placed before the advisory board as constituted for consideration as to whether their parole will be recommended, on completion of ten years of actual imprisonment : provided that by virtue of provision contained in section 433-a of the code of criminal procedure, 1973 (central act 2 of 1974), the cases of prisoners sentenced to imprisonment for life on or after 18th december 1978 for an offence for which death is one of the punishments provided by law, or in whose case a sentence of death ..... in our considered view, the said request cannot be considered, for the simple reason, when statutorily there is a forum constituted for considering the individual case for premature release by taking into account the various facts and circumstances, as enumerated in the tamil nadu prison rules, 1983, this court cannot usurp the power of the said forum and exercise the powers of the advisory board. ..... rule 341 of the rules, which is very important for the issues involved in the present habeas corpus petition, states as follows:- "(1) the sentences of all prisoners sentenced to imprisonment for life or to more than twenty years imprisonment in the aggregate or imprisonment for life and imprisonment for terms exceeding in the aggregate twenty years shall, for the purpose of this rule, be deemed to be sentences of imprisonment for twenty years. .....
Tag this Judgment!Court : Chennai Madurai
..... when the trial court examined the accused under section 313 of the code of criminal procedure in respect of the incriminating evidences available against them, they denied the same as false. ..... (prayer: appeal is filed under section 374 of the code of criminal procedure against the judgment and conviction dated 27.04.2015 made in s.c.no.76 of 2011, on the file of the learned sessions judge, mahila court, pudukkottai, pudukkottai district.) s. ..... on completing the investigation, he laid charge sheet against all the four accused, on 30.12.2008. 2.6. ..... in view of the above foregoing discussion and having regard to all the facts and circumstances of the case and on having a complete analysis of the evidence let in by the prosecution, we hold that there is no acceptable evidence to prove the charges framed against the first accused and thus, the first accused is entitled for acquittal. 10. ..... pw-19 and pw-20 have spoken about the investigation conducted by them and the filing of final report. 2.9. ..... pw-19, then, handed over the case diary to his successor for further investigation. ..... the case was taken over for investigation by pw-19. ..... the trial court framed two charges against all the four accused, as detailed below. ..... though these four witnesses have stated that the first accused demanded a sum of rs.3,00,000/-, in our considered view, going by all the other facts and circumstances of the case, we find it difficult to believe this part of the evidence of pw-1 to pw-4. .....
Tag this Judgment!Court : Chennai Madurai
..... (md) 8613/2016: criminal original petitions filed under section 482 of the code of criminal procedure, praying to direct the respondents to provide adequate police protection to the petitioner to harvest the fish, which are reared in the chettiyarpatti village, thondaiman tank, rajapalayam taluk, virudhunagar district, by considering the representation of the petitioner ..... (md) 8612/2016: criminal original petitions filed under section 482 of the code of criminal procedure, praying to direct the respondents to provide adequate police protection to the petitioner to harvest the fish, which are reared in the arasaneri tank, puthur village, rajapalayam taluk, virudhunagar district, by considering the representation of the petitioners ..... under such circumstances, when the rights of the petitioners as on date has been shown to exist, they are entitled to protection from the 2nd respondent as stated in the counter affidavit of the 2nd respondent. 12. .....
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