Category: Madurai Bench

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Circular to all Magistrate courts: Criminal courts cannot return final reports for not enclosing certain reports collected during investigation

-February 21, 2024

Head notes: Prayer - Fact - Petitioner’s side Argument - Respondent’s Side Argument - Reference with Supreme Court &High Court Cases - Finding & Conclusion - Madras High Court’s directions - All online final reports will be in compliance of rule.25 Cr.R.P 2019 - Magistrates shall not return the final report on the ground that reports are not enclosed -…

Section 482 CrPC: Only High Court has the power to direct to run sentences in two different cases concurrently

-January 27, 2024

Head note: On the petition filed under section 482 crpc, the Hon’ble Madras High court has directed to run two sentences in two different cases concurrently. Hon’ble Madras High court has directed based on the previous judgment of the Madras High court Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station reported in 2018-2-LW(Crl)773.

PROTEST PETITION & COGNIZANCE – COGNIZANCE TAKEN ON THE FURTHER INVESTIGATION PETITION FILED U/S 173(8) CR.P.C AS PROTEST PETITION IS CORRECT.

-July 19, 2023

PRAYER Criminal Revision Petitions have been filed under Section 397 (1) r/w 401 of Cr.P.C, to call for the records pertaining to the order dated, 19.03.2021 taking cognizance of the petition on its file in C.C.No.696 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Ottapidaram and set aside the same. […]

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 […]

Victim rights.

-January 8, 2023

The Operative Portion of the Division Bench Judgment/Order is as follows: It is clear from the above judgments that the role of an informant or the private party is limited during the prosecution of a case in a Court of Session. The counsel engaged by him is required to act under the directions of the […]

Juvenile Justice Act – Life Sentence – No bar.

-January 8, 2023

The Operative portions of the Judgment is as follows: 17. The plain reading of this Section clearly indicates that the bar is only to impose the life imprisonment without the possibility of release and it is not a complete or total bar for a Court to impose life imprisonment if there is possibility of release. […]

Apex court’s direction as to amendment in criminal rules of practice, 2019 and subsequent compliance by the Madras High court

-January 8, 2023

Based on the Hon'ble Supreme court judgment to frame draft rules, the Hon'ble Madras High court has made a recommendation to the Government of TamilNadu. State Government has considered the amendment and published the amendment to criminal Rules of Practice, 2019 in Government Gazette and are now in force.

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APPRECIATION ON FIRE ARM CASES

July 14, 2023/

APPEAL 1. These appeals challenge the judgment and order of the High Court of Punjab and Haryana, dated 4th…

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