Madras High Court Criminal Law Digest 2023

CRIMINAL LAW Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran's Birth Anniversary, Permits Speeches Eulogising LTTE Leader Case Title: Pugazendhi Thangaraj v. Inspector of Police Citation: 2023 LiveLaw (Mad) 18 The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions imposed on celebrating the birth anniversary of late LTTE Leader Prabhakaran. Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other nations. No Intention To Commit Murder: Madras High Court Reduces Life Sentence Of Woman Who Set Minor Daughter On Fire Case Title: Rajeshwari v State Citation: 2023 LiveLaw (Mad) 20 The Madras High Court has recently set aside the life imprisonment imposed on a mother for setting her minor daughter on fire and thereby causing her death. Altering the charge from that under Section 302 to one under Section 304 of IPC, Justice PN Prakash (since retired) and Justice G Jayachandran noted that the primary question was whether the appellant mother had intended to commit the murder of her daughter. [NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State Case Title: Jeya Sudha v. Inspector of Police and another Citation: 2023 LiveLaw (Mad) 35 While noting that there are only seven Special Courts to deal with NDPS cases at present, the Madras High Court suggested setting up of Special Courts covering 100 km radius or a Special Court for every four districts. Justice B Pugalendhi suggested the same after noting that the Investigating officers were finding it difficult to follow up with the cases as they had to continuously travel long distances. The court added that the possibility of designating Additional District Courts as Special Courts to deal with EC/NDPS cases can also be explored 1997 Melavalavu Massacre: Madras High Court Refuses To Interfere With Premature Release Of 13 Convicts Case Title: P Rathinam v. State of Tamil Nadu and others Citation: 2023 LiveLaw (Mad) 47 The Madras High Court has recently dismissed a batch of pleas challenging the premature release of 13 convicts who were convicted in the infamous Melavalavu Massacre. While refusing to interfere with the order of the Government, the division bench of Justice G Jayachandran and Justice Sunder Mohan of the Madurai Bench noted that the order of premature release was made after due consideration exercising the State's power conferred under Article 161 of the Constitution. It included objections from the victim's family and the conduct of the accused. [Sample Analysis] Unless Mandatory Time Limits Prescribed In Concerned Statutes Are Complied, Test Results Will Be Unreliable: Madras High Court Case Title: Venkatesan @ Venkatesh v. State and others Citation: 2023 LiveLaw (Mad) 55 While quashing proceedings initiated against a man under Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 2005 and Essential Commodities Act, 1955 the Madras High Court stressed that time limits prescribed under the Acts for sample analysis have to be adhered to. Justice RN Manjula noted that the purpose of prescribing time limits for sending samples for analysis is to ensure that there is no further contamination in the chemical products. When these time limits are not complied with, the test results become unreliable. Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment Case Title: State v. VD Mohanakrishnan Citation: 2023 LiveLaw (Mad) 62 The Madras High Court recently found a court officer guilty of misusing his official position and cheating an illiterate man with a promise of securing a job for him and obtaining 40000 rupees for the same. Justice P Velmurugan reversed the order of the Special Court for cases under Prevention of Corruption Act and convicted the court officer under Section 420 and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. The court further disagreed with the defendant that a private complaint under Section 138 of the Negotiable instruments Act would clarify that the money given was in fact a loan amount. The court also found it improbable that the respondent, a public servant would seek financial assistance from the complainant who was poor and jobless. Magistrate's Order For FIR Can't Be Set Aside For Absence Of 'Reasons Of Prima Facie Satisfaction' If Complaint Contains Material Particulars: Madras High Court Case Title: C Kasthuriraj v. The State Citation: 2023 LiveLaw (Mad) 64 The Madras High Court has recently ...

Madras High Court Criminal Law Digest 2023

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