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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(Prayer: This Civil Revision Petition has been filed under Section 115 of Civil Procedure Code against the order of the Principal Subordinate Judge, Thanjavur, made in E.P.No.134/97 in HMOP.No.254/91 dated 13.11.2006.) 1. This Civil Revision Petition has been filed against the order of the Principal Subordinate Judge, Thanjavur, made in E.P.No.134/97 in HMOP.No.254/91 dated 13.11.2006, whereby, the petition filed by the respondent was allowed by the Court below. Aggrieved over the same, the petitioner is before this Court. 2. The petitioner is the husband of the respondent herein and the respondent herein had filed H.M.O.P.No.254 of 1991 before the Court below for restitution of conjugal rights. The petitioner filed H.M.O.P.No.59 of 1992 on the file of the Sub-Court, Kumbakonam, for dissolution of marriage on the ground of cruelty. 2.1 Both the cases were tried jointly and ultimately, the respondent's petition for restitution of conjugal rights was dismissed and the petitioner's petiti...
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(Prayer: Appeal filed u/s.21 of the National Investigation Agency Act, 2008 against the order passed in Crl.M.P.No.1471/2016 in Special S.C. No.5 of 2014 dated 27.09.2016 by the learned Principal Sessions Judge, Puducherry.) S. Nagamuthu, J. 1. This is an appeal filed under Sec.21 of the National Investigation Agency Act of 2008, challenging the order of Special S.C. No.5 of 2014 dated 27.09.2016, by the Special Court, Puducherry, under the National Investigation Agency Act, declining to grant bail to the appellant herein, in the case in R.C.No.1/2014/NIA/HYD under Sec.307 IPC, Sec.4 of Explosive Substances Act, 1908 and Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967. 2. We have heard the learned counsel for the appellant and the learned counsel for the respondent and also perused the records carefully. 3. It is brought to our notice by the learned counsel for the appellant that number of grounds were raised by the appellant before the trial Court in order to pers...
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(Prayer:-Criminal original petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail in Cr.No.782 of 2016 on the file of the Inspector of Police, E-1 Singanallur (Crime) Police Station, Coimbatore District.) Petition for bail in Cr.No.782/2016. 2. This is his third regular bail petition under Section 439 Cr.P.C. 3. Offences alleged are under Sections 170, 419, 420, 451 IPC @ Sections 120B, 395 r/w.397 IPC r/w.Sec.27 of Arms Act. 4. Heard both sides. 5. On 5.10.2016, at about 5.30 a.m., petitioner and others were alleged to have committed dacoity in the house of a wealthy man situate in Singanallur, a posh locality in Coimbatore. 6. In this connection, petitioner has been arrested and remanded on 24.11.2016. He is in jail for more than 90 days. Yet investigating not completed and final report (loosely called as 'charge sheet') is filed by the police under Section 173(2) Cr.P.C.. 7. Under the Old Code of Criminal Procedure, 1898, there is no provision for 'default bail'...
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(Prayer:-Criminal original petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail in Cr.No.10 of 2016 on the file of the Station House Officer, Lawspet Police Station, Puducherry.) Bail petition. 2. Offences alleged are under Sections 364, 302, 404, 201 r/w 34 of I.P.C. 3. Petitioners are A-4 and A-5 in this case. 4. According to the learned counsel for the petitioners, even taking the allegations as such, neither an offence under Section 364 IPC nor an offence under Section 302 of IPC nor an offence under Section 404 IPC is attracted towards the petitioners. If at all, it could be only under Section 201 IPC. It would be screening of the offence, Of course, in connection with a murder case. Even then it will not be a capital offence. 5. The learned counsel for the petitioners contended that the Court below has not applied the relevant legal provisions correctly. As per law, the petitioners are entitled to be granted bail. But they were denied bail. Their detention ...
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(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: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 09.11.2011 made in A.S.No.12 of 2011 on the file of the Additional Subordinate Judge, Karur, confirming the judgment and decree dated 01.10.2010 made in O.S.No.987 of 2005, on the file of the Principal District Munsif Court, Karur.) 1. Challenging the judgment and decree passed in A.S.No.12 of 2011, on the file of the Additional Subordinate Court, Karur, confirming the judgment and decree passed in O.S.No.987 of 2005 on the file of the Principal District Munsif Court, Karur, the plaintiffs have filed the above Second Appeal. 2. The plaintiffs filed the suit in O.S.No.987 of 2005 to declare the registered sale deed dated 03.01.1994 in respect of the suit property executed by the defendants 1 to 5 in favour of the sixth defendant is null and void and consequently, directing the sixth defendant to surrender the possession of the suit property to the plaintiffs 3 to 6. 3. The br...
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(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. challenging the judgment of conviction and sentence imposed on the accused [A1] by the learned Principal Sessions Judge, Tirupur, Tirupur District, in S.C.No.2 of 2013 dated 08.06.2016.) S. Nagamuthu, J. 1. The appellant is the 1st Accused in S.C.No.2 of 2013 on the file of the learned Sessions Judge, Tirupur, Tirupur District. There were two other accused by name (1) Sakthivel, S/o.Palanisamy and (2) Natraj, S/o.Muthusamy Gounder, who were arrayed as Accused Nos.2 and 3 respectively in the said case. The trial court framed as many as seven charges against the accused as detailed below:- Charge NumberCharges framed againstPenal provision under which Charge(s) framed(1)A1 to A3Section 449 of IPC(2)A1 to A3Section 457 of IPC(3)A1Section 302 of IPC(4)A2 and A3Section 302 r/w 34 of IPC(5)A2Section 201 of IPC(6)A1 and A3Section 201 r/w 34 of IPC(7)A1 to A3Section 397 of IPC The trial court, by judgment dated 08.06.2016, convicte...
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