Category: Madras High Court

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Suicide: No dowry demand: A moral conviction regarding the guilt of an individual has no place in criminal jurisprudence

-March 21, 2024

Prayer Criminal Appeal under Section 374(2) Cr.P.C. for setting aside a judgment. Accused acquitted of dowry death charges. The accused was prosecuted for dowry harassment upon his wife. she has committed suicide and thereby caused dowry death. Fact of the case is after a year of their marriage the appellant started constructing a house for which he demanded the jewels…

Section 451 / 457 Cr.P.C: Return of Property: There is no bar to release the property in NDPS Act

-March 11, 2024

After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court's decision in a similar case, the Court is inclined to…

Limitation and bar to take cognizance.

-February 3, 2024

Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want of limitation) - Kishore vs. State - Information to the police is akin to a complaint under section 2(d) crpc - General principle of criminal law - Old code, 1898 Cr.P.C: Prosecution need not be quashed based on delay in instituting…

Plea of Insanity: Hon’ble Madras high court division bench acquitted the accused based on the exception under section 84 IPC being proved

-January 25, 2024

Challenge & Prayer – Facts - Appellant is a mentally deranged person affected with paranoid schizophrenia and set the deceased on fire - Death of deceased at hospital - Trial & conviction - Evidence substantiates the appellant was affected with paranoid schizophrenia - Analysis of Hon’ble Madras High court - Offence proved so also the mental disorder of the accused…

A timeless guidance of Hon’ble Madras High Court for young generation to stay away from pornography

-January 13, 2024

Prayer - Facts - Petitioner’s mobile phone contains two files contain child videography content where two teen boys involved in sexual activity with an adult woman - Direct enquiry of Hon’ble High Judge with the petitioner - Admission of petitioner about his habit of watching porn - Verifying Case diary - Section 14(1) POCSO analysis - Section 67-B of Information…

Murder case acquittal: Strangulation established but failed to connect the accused with the crime

-December 10, 2023

Madras High Court after thorough analysis of the trial court judgment has converted the Life sentence (conviction) into acquittal - Death by strangulation established by the prosecution but failed to connect the accused and the crime - Though the Hon’ble Division Bench has set aside the conviction, sustained the compensation awarded to the deceased’s daughter. Criminal Appeal

As per Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, a person is entitled to possess 4.5 litres of Indian made foreign spirits

-December 7, 2023

Head note: Hon’ble Madras High Court - Justice Nirmal Kumar J - Return of Property - Alcohol - TN Prohibition Act - Petitioner was found in possession of Copper - Brandy bottles each containing 180 ml of brandy in total 720 ml of brandy - As per TN Liquor (Possession for Personal consumption) Rules, 1996, a person is entitled to…

Concurrent sentencing: Madras High Court directs to run sentences in two different cases concurrently under section 482 Cr.P.C

-December 4, 2023

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code for concurrent sentencing of two different cases. The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently under section 482 Cr.P.C.

Drugs & Cosmetics Act, 1940: If seller proves that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer. He shall not be liable for a contravention of section18 of the Act

-November 13, 2023

Prayer Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining in C.C. No.03 of 2008 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and quash the same. The Drug Inspector, Park Town I Range, on 25.10.2005 conducted search and seized AMOXYCILLIN […]

ACQUITTAL BY USING ENTIRE PROCEDURES AVAILABLE TO DISPROVE THE PROSECUTION CASE

-July 3, 2023

5 What started off as a simple case of “boy missing” evolved into a case of “kidnapping for ransom, murder and concealment of evidence” and that is why, charges for the offences under Sections 364-A, 302 and 201 IPC were framed by the Trial Court. This case is predicated on circumstantial evidence and therefore, we […]

Section 138 NI Act: Accused completely rebutted in the cheque case

-May 18, 2023

Teo stands taken by the complainant defeats the complaint 13. It is clear from the above that the petitioner had specifically come up with two stands in the course of cross examination. The first stand is that the petitioner had an independent transaction with Sri Sai Baba Waste Paper Company and it was admitted by […]

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