Court : Chennai
Decided on : Aug-11-2016
..... . prior to the introduction of sub-section (1a) to section 176 of the code of criminal procedure, 1973, if a person dies while in custody of the police, magisterial inquiry shall be held by the executive magistrate. by amending section 176 of cr.p.c. and by introducing sub-section (1a), the parliament has divested the executive magistrate from holding magisterial inquiry in respect of the death of a person while in custody of the police and instead the power has been conferred upon the jurisdictional judicial magistrate to hold inquiry. such inquiry held by the judicial magistrate, undoubtedly, shall not amount ..... rules. 27. when we suggested that a committee, consisting of the director general of police, government of tamil nadu, the inspector general of prisons, commissioner of police, city of chennai and state public prosecutor may look into the issue and to make a suggestion to the government to frame appropriate rules, the learned additional public prosecutor, on instructions from the director general of police, submitted that the director general of police, government of tamil nadu is ..... poison was not detected in any of them." ex.p.33 is the postmortem certificate and ex.p.34 is his final opinion that the injury found on the deceased could have been caused by a bullet and the death was due to shock and hemorrhage as a result of gunshot injury. 2.9. after the postmortem was over, p.w.23, recovered the blood stained clothes from the body of the deceased and forwarded the same .....
Tag this Judgment!Court : Chennai Madurai
Decided on : Oct-06-2016
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent in his proceedings in Ref.No.513/SC/2013 dated 13.11.2013 and quash the same as illegal and consequently direct the respondent to reinstate the petitioner into service with all attendant benefits.) 1. This writ petition has been filed, seeking to quash the impugned proceedings of the 2nd respondent dated 13.11.2013 passed in Ref.No.513/SC/2013 as illegal, by which the petitioner was placed under deemed suspension with effect from the date of detention, i.e., 27.09.2013. The petitioner also sought direction to the respondents to reinstate the petitioner into service with all attendant benefits. 2. Heard the learned Senior Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The case of the petitioner is that on 09.03.2014, the ...
Tag this Judgment!Court : Karnataka
Decided on : Sep-07-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE07H DAY OF SEPTEMBER2016BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL No.263 OF2007CONNECTED WITH CRIMINAL APPEAL No.264 OF2007CRIMINAL APPEAL No.265 OF2007IN CRL.A.No.263/2007 BETWEEN: Sri. S. Madhava Reddy, Son of Narayana Reddy, Aged about 40 years, Residing at No.55, N.T.I.Layout, R.M.V.2nd Stage, Bhoopasandra Main Road, Bangalore 560 094. (By Shri M.N.Madhusudhan, Advocate ) APPELLANT2AND: Smt. Mangamma, Wife of B. Vemareddy, Major, Residing at 10th Main, 6th Cross, M.C.C.Extension, B Block, Davanagere. RESPONDENT (By Shri N.K.Siddeswara, Advocate ) ***** This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the judgment and order of acquittal dated 18.12.2006 passed by the XVIII Additional Chief Metropolitan Magistrate and XX Additional Small Causes Judge, Bangalore City in C.C.No.14293/2004 and acquitting the resp...
Tag this Judgment!Court : Delhi
Decided on : Mar-04-2016
1. These two petitions have been filed by petitioner, Mr. Alok Ranjan (Crl. M.C. No.456/2012) and petitioner, Homi Rajvansh (Crl. M.C. No.3325/2015) seeking quashing of the charge-sheet in case FIR No.RC-EOU-1-2007-E0002 dated 10.12.2007 registered under Section 120-B read with Sections 405/408/420/467/468 and 471 of the Indian Penal Code and to quash summoning order dated 07.06.2010 passed by learned Special Judge, CBI, Delhi in charge-sheet No.03/2010/EOU-1. 2. Since both the petitions arose out of the same charge-sheet, therefore both the petitions are being disposed of by this common order. 3. The facts emerging from the charge-sheet which are necessary for disposal of these petitions are as under:- (a) Pursuant to complaint dated 15.12.2007, instituted by Alok Ranjan (petitioner in Criminal M.C. No.456/12), the then Managing Director of NAFED, on 19.12.2007, CBI registered a formal RCEOU-1/2007-E0002, under sections 120-B read with sections 405, 409, 420, 467, 468 and 471 of the I...
Tag this Judgment!Court : Chennai Madurai
Decided on : Apr-05-2016
(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 : Karnataka
Decided on : Aug-22-2016
(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 code of Criminal Procedure, 1973 praying to quash the preliminary investigation report dated 21.7.2011 submitted by SR. Renuka Prasad - Inspector of Lokayuktha as per Annexure-A and consequently, the report of the First Information dated 21.7.2011 (Annexure-B) filed by Sri. Girish- Deputy Superintendent of Police in Crime No.28/2011 and all proceedings on the file of the XXIII Additional City Civil and Special Judge, Bangalore (CCH-23) in pursuance of Crime No.28/11 may be quashed. This Writ Petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 code of Criminal Procedure, 1973 praying to a) quash the seizure proceedings in respect of the passbooks of the petitioner and also freezing of the accounts of the petitioner pertaining to i) SB No.160010027820 - Vysya Bank Limited, Banashankari, Bangalore - Annexure-E. ii) SB No.1072500100243201 ...
Tag this Judgment!Court : Mumbai
Decided on : Apr-18-2016
the present petition are as follows; On 23rd August, 2003 Dr.Asha Goel, a Canadian National of Indian origin was found murdered in a flat belonging to her brother Suresh Agarwal, at Malabar Hill, Mumbai. Pursuant thereto, at the behest of Suresh Agarwal, the brother of the deceased, the Malabar Hill Police Station, registered C.R.No.93 of 2003 against unknown persons, alleging offences punishable under Sections 302, 397, 452 r/w 34 and 120B of the Indian Penal Code. As there was no progress in the investigation, the case was transferred to the DCB, CID, Unit II, Mumbai. Thereafter, accused came to be arrested and on completion of the investigation, charge-sheet came to be filed. Before the case was committed to the Court of Sessions, original accused no.1 i.e. respondent no.3 herein gave his confession, which was recorded by the learned Metropolitan Magistrate on 26th and 27th September, 2005. On 28th December, 2005, cognizance was taken and process was issued against the accused pers...
Tag this Judgment!Court : Chennai
Decided on : Jun-21-2016
(Prayer: Criminal Original Petition filed u/s.482 of the Code of Criminal Procedure praying to direct the second respondent to register a case on the complaint dated 07.09.2013 and take action against all the accused. Criminal Original Petition filed u/s.482 of the Code of Criminal Procedure praying to transfer the investigation of Crime No.96 of 2014 on the file of Inspector of Police, CCB Chennai to any other investigating police agency. Criminal Original Petition filed u/s.482 of the Code of Criminal Procedure seeking a direction to respondents to delete all the post made by the accused against the petitioner in his blog https://www.facebook.com/savukku, https://www.facebook.com/achimuithushankar, www.savukku.net and direct the respondents to take action against all the accused. Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents herein for their willful disobedience of the order passed in Crl.O.P.No.27389 of 2013 dated 14.11.2014.) Commo...
Tag this Judgment!Court : Chennai Madurai
Decided on : Nov-07-2016
(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 : Supreme Court of India
Decided on : Jul-13-2016
..... conditions and which may not amount to an offence but might be justifiable under law. reference in this regard is made to section 46 of the code of criminal procedure, 1973 (for short the cr.p.c. ) and it is submitted that in certain extreme situations it may be justifiable even if the death of a person being arrested is caused if the conditions mentioned in the section are satisfied and if the person being arrested is accused of an offence punishable with death or with imprisonment for life.30. reference is also made to sections 129 to 132 of the cr.p.c. relating to the maintenance of public order and tranquility . these ..... nor any independent witness is examined by the magistrate. that being the position, it is not possible to attach any importance to the magisterial enquiry conducted at the behest of the state government, even though it might have been conducted under section 176 of the cr.p.c.172. therefore, we make it clear that even if the state government decides to hold magisterial enquiries and take suitable action on the report given, it would not preclude any other inquiry or investigation into the allegations made. in situations of the kind .....
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