'Casually Playing With Personal Liberty Of Accused': Madras HC Recommends Criminal Law Training For Executive Magistrates
2 years, 2 months ago

'Casually Playing With Personal Liberty Of Accused': Madras HC Recommends Criminal Law Training For Executive Magistrates

Live Law  

The Madras High Court recently came down heavily on Executive Magistrates passing orders "without knowing or understanding the basic concepts of criminal law". The remarks were made while hearing a challenge to an order passed by the Sub-Divisional Magistrate cum Revenue Divisional Magistrate under Section 122 of CrPC.Justice K Murali Shankar lamented that the Executive Magistrates. It is right time for the Government to take appropriate steps to conduct Training or Refresher courses to the newly appointed or promoted Executive Magistrates about the basic concepts of criminal law, how to conduct enquiry and how to pass reasoned orders. In this regard, the Madras High Court in P.Sathish @ Sathish Kumar Vs. State rep. by the Inspector of Police and another had formulated legal principles to be followed by the Executive Magistrates while passing orders under Section 122 CrPC.

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History of this topic

Magistrates Must Ensure That Accused Get Sufficient Legal Advice Before Pleading Guilty: Madras High Court
1 month ago

Magistrates Must Ensure That Accused Get Sufficient Legal Advice Before Pleading Guilty: Madras High Court

Live Law  

The Madras High Court recently allowed two men to contest their case before the trial court even after making a submission admitting their guilt. The court thus observed that the Magistrate must ensure that the accused persons have sufficient legal advice before pleading guilty and it was not necessary for the magistrate to immediately act upon the pleading of guilt …

Madras High Court Service Law Digest 2023
11 months, 3 weeks ago

Madras High Court Service Law Digest 2023

Live Law  

Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected Case Title: A Saravanan v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 11 The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited from going on a strike on January 10 or on …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 1 month ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Madras High Court deplores practice of police personnel, with no knowledge of a case, being sent to court to assist prosecutors
1 year, 7 months ago

Madras High Court deplores practice of police personnel, with no knowledge of a case, being sent to court to assist prosecutors

The Hindu  

The Madras High Court has directed State Public Prosecutor Hasan Mohamed Jinnah to coordinate with the Director-General of Police and ensure that only police personnel with sufficient knowledge about individual cases are sent to court when those cases are heard, in order to provide effective assistance to the prosecution. Justice A.D. Jagadish Chandira disapproved the practice of police personnel, with …

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]
1 year, 9 months ago

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]

Live Law  

Citations: 2023 LiveLaw 68 To 2023 LiveLaw 108 NOMINAL INDEX State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw 68 2023 LiveLaw 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw 72 Dr. …

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
1 year, 9 months ago

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

Live Law  

The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. …

Police Law & Order Wing Pivotal To Protect Citizens' Fundamental Rights; Can't Depute Dishonest Personnel: Madras High Court
2 years, 3 months ago

Police Law & Order Wing Pivotal To Protect Citizens' Fundamental Rights; Can't Depute Dishonest Personnel: Madras High Court

Live Law  

While dealing with a petition seeking conversion of some Police Officers from Armed Reserve to Law and Order, the Madras High Court observed that suitability and eligibility, etc had to be assessed by the concerned departments and High Courts could not interfere in such matters. The petitioners who were recruited as Sub-Inspectors of Police had approached the court contenting that …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
2 years, 9 months ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

Live Law  

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

Madras High Court Directs Judicial Academy To Impart Training To Special Judge, IO, Prosecutors Dealing With POCSO Cases
3 years, 6 months ago

Madras High Court Directs Judicial Academy To Impart Training To Special Judge, IO, Prosecutors Dealing With POCSO Cases

Live Law  

The Madras High Court has directed the State Judicial Academy to impart training to the stakeholders dealing with the cases under the Protection of Children from Sexual Offences Act including the investigating officer, public prosecutor and Special Judge. A single judge bench comprising of Justice P Velmurugan was dealing with a criminal appeal filed challenging a conviction order dated 25th …

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs
4 years, 2 months ago

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs

Live Law  

The legal validity of establishing Special Courts for trial of MPs and MLAs has been questioned by the Criminal Rules Committee, comprising of three Judges from the Madras High Court. The Committee noted that the Supreme Court fell in error by ordering that a Central Scheme may be prepared for setting up of Courts, exclusively to deal with criminal cases …

A Case Of Ultra Vires Orders: Section 144 CrPC And Delhi Police Act
4 years, 7 months ago

A Case Of Ultra Vires Orders: Section 144 CrPC And Delhi Police Act

Live Law  

In the last few months various news platforms have reported instances where the State has invoked Section 144 of Cr.P.C. On the other hand, Section 70 reads: "The Central Government may, by notification in the official Gazette and subject to such conditions and limitations as may be specified therein, empower- the Commissioner of Police to exercise and perform in relation …

Taking Note Of Casual Remand Orders, Patna HC Directs Judicial Academy To Give Training To Magistrates [Read Order]
4 years, 11 months ago

Taking Note Of Casual Remand Orders, Patna HC Directs Judicial Academy To Give Training To Magistrates [Read Order]

Live Law  

The Patna High Court has asked the Director of the Judicial Academy at Patna, to train Judicial Officers in matters of custody and remand applications. The order has been passed by the bench of Chief Justice Sanjay Karol and Justice Anil Kumar Upadhyay in a writ petition, after noticing the casual remand orders passed by a Magistrate in violation of …

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