Court : Chennai Madurai
S. Nagamuthu, J. 1. This reference has been made by the learned Principal Sessions Judge, Tirunelveli, under Section 395(2) of the Code of Criminal Procedure, 1973, raising as many as five questions of law for a decision by this court. Before going into the said questions, let us have a quick look into the back ground of the reference. 2. This is a case of death in a police encounter. The victim of the encounter was one Mr.Kittu @ Kittappa. The occurrence was on 13.06.2015. The police team was headed by a Sub Inspector of Police. He used a fire arm in the encounter. The said Sub Inspector of Police made a report about the occurrence upon which a case was registered under Section 174 of the Code of Criminal Procedure in Crime No.119/2015 on the file of Suthamalli Police Station in Tirunelveli District. The said case was initially investigated by one Mr.N.Krishnaraj, the Inspector of Police, Suthamalli Police Station, Tirunelveli District. On his intimation, Mr.M.K.Mayakrishnan, the lear...
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(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellant by the learned I Additional Sessions Judge, Tiruvallur, in S.C.No.184 of 2011 dated 29.04.2015.) S. Nagamuthu, J. 1. The appellant, the sole Accused in S.C.No.184 of 2011 on the file of the learned I Additional Sessions Judge, Tiruvallur, who stands convicted for offence under Sections 302 and 307 of IPC and under Section 27 of The Arms Act, 1959 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 302 of IPC; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 307 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for ...
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ORDER1. Heard the learned counsels appearing for both sides.2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiruchengode.3. It has been stated that the petitioner is the father of N.Divya, who had died, on 16.7.2007, while she was pursuing her plus one course, in Vidya Vikas Higher Secondary School (for Girls), Thiruchengode, Namakkal District.4. It has been further stated that the petitioner s daughter, N.Divya, had died, under suspicious circumstances. Therefore, he has filed the present writ petition before this Court, under Article 226 of the Constitution of India, to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiurchengode.5. It has been further stated tha...
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2015 CORAM THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)Nos.21965 of 2013, 1132, 1198 to 1201 of 2015 and M.P.(Md.No.1 of 2014 in CRL.O.P.(MD)Nos.21965 of 2013 Crl.O.P.(Md.No.21965 of 2013: 1.M.Karmegam 2.M.Gopalakrishnan .Petitioners .Vs .1.The State of Tamil Nadu rep. by The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District. (Crime No.122 of 2013) 2.M.Parvathy .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to Cr.No.122 of 2013 on the file of Melavalavu Police Station, Melur Taluk, Madurai District and to quash the same. For Petitioners : Mr.N.Dilip Kumar For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl. Side) For 2nd Respondent : Mr.M.Vivekanandan Crl.O.P.(Md.No.1132 of 2015: 1.Malaikolunthu 2.Suresh 3.Krishnaveni .Petitioners .Vs .1.The State of Tamil Nadu rep. by The Sub Inspector of Polic...
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Reported in : [1999]95CompCas492(Mad)
S.M. Sidickk, J.1. Heard the petitioner's counsel. All these five applications were filed by the same petitioner, who is accused No. 2 in five criminal cases pending before the XIVth and XIIIth Metropolitan Magistrate, Egmore, Madras, and the petitioner/A-2 seeks to quash the proceedings in five criminal cases under Section 482 of the Criminal Procedure Code.2. The first petition in Crl. O.P. No. 1408 of 1998 is filed by the petitioner/A-2 by name Rajkumar Nahta, who is said to be the director of the first accused company under the name and style of Mrinal Dyeing and Manufacturing Company Limited at Bombay to quash the proceedings in C.C. No. 2263 of 1996 on the file of XIVth Metropolitan Magistrate, Egmore, Madras, and it relates to the return of a cheque dated November 21, 1995, issued by the first accused company represented by its director the petitioner/A-2 for a sum of Rs. 24,99,013.3. The second petition in Crl. O. P. No. 1409 of 1998 is filed by the very same petitioner under S...
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Reported in : (1996)1MLJ260
Raju, J.1. The above appeal has been filed against the order of the learned single Judge, dated 30.8.1993 in W.P. No. 16175 of 1993, whereunder the learned single Judge has issued directions as hereunder, while finally disposing of the main writ petition, even at the stage of hearing for admission, on hearing the counsel for the 1st respondent herein/writ petitioner:After hearing the learned Counsel for the petitioner and after perusing the affidavit filed herein, without going into the merits of the case, I think it suffice to direct the 1st respondent to dispose of the petitioner's petition filed under Section 52 of the Act for dispensing with the pre-deposit of the penalty amount, on merits and in accordance with law, within eight weeks from the date of receipt of a copy this order, if the same has not been disposed of already, till such time, the further proceedings before the Additional Chief Metropolitan Magistrate's Court in S.O.C.C. No. 309 of 1993 shall stand stayed. However, ...
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Reported in : 1996(2)ALT(Cri)357; 1996CriLJ3331
ORDER1. After getting the admission of this revision, assailing the impugned order passed by the learned Judicial Magistrate No. I, Kancheepuram, in Cri.M.B. No. 56/95 in C.C. No. 88/93, dated 10-5-1995, in a petition filed under S. 239 of the Code of Criminal Procedure by and on behalf of the revision petitioner herein, declining to discharge the petitioner, who was the accused subsequently added by filing an amended charge-sheet in the above calendar case before the trial Court, as insisted by the Bar, the revision was heard in full on merits an it is disposed of by passing the following order. 2. The petitioner by name Ramapandian was working as a Sub-Inspector in Baluchettychatram Police Station between 5-9-1990 and 21-11-1991 and during that time the first accused by name one Sivaprakasam was working as a Grade I Police Constable in the same police station. In connection with certain criminal activities committed by the said Grade I Police Constable while he was entrusted with the...
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Reported in : 2008CriLJ3300
ORDERM. Jeyapaul, J.1. The revision is filed challenging the order of dismissal passed by the learned Principal Sessions Judge, Thiruvallur in Crl.M.P. No. 1940 of 2007 filed under Section 91 of the Code of Criminal Procedure.2. The petitioners are the accused in a case of major offence of murder. During the pendency of the trial, the petitioners filed an application under Section 91 of the Code of Criminal Procedure to summon as many as five documents from the respondent.3. It is relevant to refer to the averment in the petition filed under Section 91 of the Code of Criminal Procedure and the counter filed by the respondent.4. The petitioners have contended in the aforesaid petition seeking to summon the case diary of the present case, case diary of the counter case, general diary of the present case, the proceedings under Section 107 of the Code of Criminal Procedure including the statement of one Geja Thomas, the copy of the accident register of the deceased Thirupathi and the case ...
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Reported in : 2002CriLJ3026
ORDERP.D. Dinakaran, J.1.1. The aforesaid petitions raise an interesting but somewhat complex question for adjudication as to the procedure to be followed after the further investigation permitted under Section 173(8) of Code of Criminal Procedure with reference to the evidence gathered and vital materials collected, pursuant to the Letters Rogatory issued and the undertakings given under Section 166A of Code of Criminal Procedure.1.2. In this regard, it is apt to extract Sections 166A and 173 of Code of Criminal Procedure, for better appreciation of issues raised in the above petitions:'Section 166A Cr.P.C.: Letter of request to competent authority for investigation in a country or place outside India: - (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside Ind...
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06. 09.2013 CORAM THE HON'BLE MR.JUSTICE T.MATHIVANAN Crl.O.P.(MD)No.10194 of 2009 Crl.O.P.(MD)No.10328, 10794 and 11742 of 2009 Crl.O.P.Nos.10194, 10794 & 11742 of 2009 1.Mrs.Sri Priya 2.R.Vijayakumar 3.S.Sathiya Raj 4.S.Suriya 5.V.Arun Vijay 6.R.Sarath Kumar 7.Cheran 8.Vivek Crl.O.P.No.10328 of 2009 1.R.Sarath Kumar 2.Radha Ravi 3.Mrs.Sri Priya 4.R.Vijayakumar 5.Vivek 6.S.Sathiya Raj 7.S.Suriya 8.V.Arjun Vijay .... Petitioners Vs K.Tamil Selvi (Crl.O.P.No.10194 of 2009) R.V.Ramanathapillai (Crl.O.P.No.10794 of 2009) Mathivanan (Crl.O.P.No.11742 of 2009) 1.S.Arivumani 2.K.Diwakar 3.V.Sagaya Jeyaraj (Crl.O.P.No.10328 of 2009) ..... Respondents Prayer in Crl.O.P.No.10194 of 2009 Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records comprised in C.C.No.232 of 2009 pending on the file of the learned Judicial Magistrate's Court No.1 at Sivaganga and quash the same. Prayer in Cr...
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