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...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Appeal is filed under Section 378 of the Code of Criminal Procedure to call for the records and set aside the Judgment passed in C.C.No. 337 of 2013, dated 17.06.2014 on the file of the Judicial Magistrate No.1, Tirunelveli.) 1. Crl.A.(MD).No.99 of 2015 was directed against the judgment of the learned Judicial Magistrate No.1, Tirunelveli in C.C.No.337 of 2013 dated 17.6.2014, in and by which, the respondent in the appeal was acquitted on finding that the respondent/accused was not guilty of an offence under Section 138 of the Negotiable Instruments Act, 1881. 2. The appellant in the present appeal was the complainant before the Lower Court. As against the acquittal, he filed the present appeal under Section 378 of Cr.P.C. The papers in the appeal were presented before this Court on 20.10.2014. The Registry raised an objection as to how the appeal was maintainable, as it was filed beyond 60 days as laid down under Section 378(5) of Cr.P.C. 3. The counsel for the appellant pro...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Appeal Suit filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 06.11.2001 made in O.S.No.120 of 1999 on the file of the Principal Subordinate Judge's Court, Thanjavur.) 1. The plaintiff in the suit in O.S.No.120 of 1999 on the file of the Principal Sub Court, Thanjavur, is the appellant in the above First Appeal. 2. The appellant filed the suit in O.S.No.120 of 1999 for partition of his share in the suit properties. The suit properties consist of two items. Item 1 is a house property and item 2 consists of three different properties of agricultural land in different survey numbers in Keerakollai Village in Thanjavur Taluk, Thanjavur District. 3. The case of the appellant is that he and the defendant are brothers and that they jointly purchased the suit properties under two registered sale deeds. According to the plaintiff, the first item was purchased on 14.10.1970 and the second item was purchased on 20.11.1972 jointly in the name of plainti...
Tag this Judgment!Court : Chennai Madurai
(Prayers in Crl.O.P.(MD)1785/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Juvenile Justice Board, Sivagangai to accept the surrender of the petitioner in connection with the Crime No.644 of 2015 on the file of the respondent police and to consider and pass orders in the bail application on the same day on surrender. Prayer in Crl.O.P.(MD)1941/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Juvenile Justice Board, Thoothukudi to consider the petitioner's bail application and dispose of the bail application on the same day, if the petitioner surrenders before the learned Juvenile Justice Board, Thoothukudi in Crime No.25 of 2016 on the file of the respondent. Crl.O.P.(MD)2073/2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Juvenile Justice Board, Tuticorin to accept the surrender of the petitioner and consider the bail application on merits on the da...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Criminal Original Petition is filed under Sections 439(2) read with 482 of the Criminal Procedure Code praying to cancel the anticipatory bail granted in Cr.M.P.No.4046 of 2015, dated 22.12.2015 on the file of the Principal Sessions Court, Tuticorin. Prayer: Criminal Original Petition is filed under Sections 439(2) read with 482 of the Criminal Procedure Code praying to cancel the anticipatory bail granted in Cr.M.P.No.4047 of 2015, dated 22.12.2015 on the file of the Principal Sessions Court, Tuticorin. Prayer: Criminal Original Petition is filed under Sections 439(2) read with 482 of the Criminal Procedure Code praying to cancel the anticipatory bail granted in Cr.M.P.No.3967 of 2015, dated 17.12.2015 on the file of the Principal Sessions Court, Tuticorin.) 1. These petitions have been filed praying to cancel the anticipatory bail granted in favour of the accused Nos.1 to 6 and 8, who have been shown as respondents 2 to 4 in Crl.O.P(MD)No.2868 of 2016, second respondent in C...
Tag this Judgment!Court : Chennai Madurai
(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order made by the second respondent in R.C.No.D2/23317/2016, dated 17.12.2016 and to quash the same as illegal.) 1. This Writ Petition is filed challenging the order of the second respondent, dated 17.12.2016 cancelling the No Objection Certificate issued under the Explosives Act, 1884. 2. The case of the Petitioner, in short, is as follows: The Petitioner/Company is a private limited company engaged in the business of manufacture, sale and export of explosives for industrial purposes permitted under the Explosives Act, 1884. The Petitioner/company established a factory in Murangampatti Village, Thuraiyur Taluk, Tiruchirappalli District. The said factory premises was established after obtaining all statutory permissions and clearances as required under the Explosives Act, 1884 and the rules made thereunder. The sec...
Tag this Judgment!Court : Chennai Madurai
(Prayer:Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to call for the records in M.C.No.90/Pro/DC.LandO/Tin-C/2016 and the order, dated 14.06.2016 on the file of the Executive Magistrate/Deputy Commissioner of Police (Law and Order), Tirunelveli City and revise the same.) 1. Petitioner, a detenue, who has been confined in Central Prison, Palayamkottai pursuant to the order dated 14.06.2016 passed by the second respondent/Executive Magistrate/Deputy Commissioner of Police (Law and Order), Tirunelveli City, directed this revision, challenging the legality and propriety of the said order of detention. 2. Petitioner belongs to Palayamkkottai in Tirunelveli District. On 05.03.2016, in Crime No.288 of 2016, under Section 110 (e) and (f) Cr.P.C, an F.I.R. has been registered as against him by the Sub-Inspector of Police, Palayamkkottai Police Station, on the ground that he exhibited disorderly and unruly behaviour. 3. On 08.03.2016, the 2nd respondent issued him show ...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the entire records and quash the same in Crime No.38 of 2007 on the file of the respondent police (Sub-Inspector of Police, DCB Crime, Nagercoil, Kanyakumari District).) 1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to quash the First Information Report registered in Crime No.38 of 2007, pending on the file of the first respondent. 2. It is stated in the petition that the respondents 2 to 4 as complainants have given the First Information Report to the first respondent and the same has been registered in Crime No.38 of 2007 under Section 420 of the Indian Penal Code, wherein the petitioner has been shown as sole accused. Further it is stated in the petition that the respondents 2 to 4 have approached the petitioner only for getting post of cleaning labourers in a foreign country and further it is stated in t...
Tag this Judgment!Court : Chennai Madurai
(Prayer: Habeas Corpus Petitionis filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records in order G.O.(D).No.646/Home [Prison IV] Department/2015, dated 28.08.2015, passed by the first respondent and quash the same as illegal and consequently direct the respondents to produce the petitioner Veerabharaathi, S/o.Ponniah, aged about 45 years/2016] in prison before this Court from their illegal custody and to set him at liberty forthwith under the provisions of Articles 14, 20 and 21 of the Indian Constitution. S. Nagamuthu, J. 1. The petitioner is a life convict, lodged in the Central Prison, Palayamkottai, Tirunelveli. He has come up with this Habeas Corpus Petition, challenging the Government Order in G.O.(D).No.646/Home [Prison IV] Department/2015, dated 28.08.2015 and he has prayed for a Mandamus to set him at liberty. 2.The facts leading to this Habeas Corpus Petition, in brief, are as follows:- The petitioner was the first accus...
Tag this Judgment!Court : Chennai Madurai
(Prayer in Crl.O.P.(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 dated 20.01.2016. Prayer in Crl.O.P.(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 dated 20.01.2016.) Common Order 1. These petitions have been filed seeking a direction to the respondents to provide adequate police protection to harvest the fish, which are reared in Aransanery Tank, Puttu...
Tag this Judgment!