Madras High Court Weekly Round-Up: July 18 2022 To July 24 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 308 To 2022 LiveLaw (Mad) 316 NOMINAL INDEX M/s.R.K.Emu Farms and others v. State Represented By Inspector of Police, 2022 LiveLaw (Mad) 308 K Vijayakumar v. State, 2022 LiveLaw (Mad) 309 The Assistant Commissioner of Customs v. S Ganesan, 2022 LiveLaw (Mad) 310 Sathiya v. State, 2022 LiveLaw (Mad) 311 Edappadi K Palaniswamy v. Revenue Divisional Officer cum Sub Divisional Magistrate and others, 2022 LiveLaw (Mad) 312 C Wilbert v. The Management of Indian Institute of Technology and another, 2022 LiveLaw (Mad) 313 M/s. Friends Brothers Enterprises Pvt. Ltd. v. State rep.by Inspector of Police, 2022 LiveLaw (Mad) 314 Sudha Hospital v. The Director of Medical And Rural Health and another, 2022 LiveLaw (Mad) 315 Kader Batcha v. The Additional Chief Secretary to Government and others, 2022 LIveLaw (Mad) 316 REPORTS 1. Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court Case Title: M/s.R.K.Emu Farms and others v. State Represented By Inspector of Police Citation: 2022 LiveLaw (Mad) 308 The Madras High Court recently set aside the order of conviction of one M/s. RK Emu Frams which was convicted under Sections 120B, 420, and 406 IPC and Section 5 of the Tamil Nadu Protection Of Interests of Depositors (TNPID) Act after observing that the order of conviction was passed without hearing the appellant/accused. Justice Bharatha Chakravarthy noted that the right of the accused to be represented was an integral part of Article 21 of the Constitution and that even when the counsel for the accused is absent, the Court should not remain helpless and must appoint an Amicus Curiae to represent the accused. 2. 'Grave Danger To Physical & Mental Health': Madras High Court Allows Termination Of 13 Yrs Old Rape Victim's 28 Weeks Pregnancy Case Title: K Vijayakumar v. State Citation: 2022 LiveLaw (Mad) 309 Coming to the aid of a 13 years old rape victim, the Madras High Court recently allowed termination of her 28 weeks + 3 days old pregnancy on a plea by the girl's father. Justice Abdul Quddhose observed that even though the pregnancy had crossed the legal period of 20 weeks, it had to be noted that she was a small statured girl and was not mentally or physically strong to withstand the pregnancy. Apart from this, the court also noted that the girl's father, the Petitioner herein, was an agricultural labourer and if the pregnancy was allowed to continue, not only the victim girl but the whole family would suffer. The court also noted that it had wider power under Article 226 of the Constitution than what is prescribed under section 3(2) of the Medical Termination of Pregnancy Act. 3. S.245(2) CrPC | Magistrate's Power To Discharge Accused "At Any Previous Stage" Of Case Means Stage At Which Cognizance Is Taken By Court: Madras HC Case Title: The Assistant Commissioner of Customs v. S Ganesan Citation: 2022 LiveLaw (Mad) 310 While discussing the power of the court to discharge an accused under Section 245(2) of the CrPC, the Madras High Court recently observed that the words "at any previous stage" used in the provision would mean the stage from when the Magistrate takes cognizance of the case. Justice Bharatha Chakravarthy observed as under: "The phrase "at any previous stage of the case" means a case on file with cognizance being taken , as otherwise, there cannot be a 'discharge' from the case. Therefore, I am of the view that in this case, the stage of Section 200 of Cr.P.C., itself has not commenced and even before that such application (discharge) cannot be filed." 4. Madras High Court Releases On Probation Mother Who Killed Her Two Daughters Due To Societal Taunts About Bearing Only Female Children Case Title: Sathiya v. State Citation: 2022 LiveLaw (Mad) 311 In a rare incident, the Madras High Court released a mother, convicted for killing her two daughters, on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. Justice Bharatha Chakravarthy saw the case as a testimony to the gender inequality prevailing in the country. The court found it to be a case of "Nalla Thangal syndrome" wherein unable to bear the taunt of the society, the state of mind of the mother led her to attempt suicide and kill her children along with it. This concept of "state of mind" had been previously considered by the court in the case of Suyambukani Vs. State of Tamil Nadu and was later reiterated by a division bench in Poovammal Vs. State. 5.Madras High Court Quashes AIADMK Headquarters Sealing Order, Directs Handing Over Of Keys To Edappadi Palaniswamy Case Title: Edappadi K Palaniswamy v. Revenue Divisional Officer cum Sub Divisional Magistrate...

Madras High Court Weekly Round-Up: July 18 2022 To July 24 2022

Upasana Sajeev

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