Remanded

Kalaivanan v. the Sub Divisional Executive Magistrate and

Madras HC8 Jan 2021CRL RC/1225/2020

Case brief

AI extract

What is this about?

This revision petition challenged an order of detention passed without providing the petitioner sufficient opportunity and legal assistance to examine witnesses. The Court set aside the impugned order and remitted the matter to the first respondent to pass fresh orders after providing due process.

What did the court decide?

Impugned order dated 24.11.2020 set aside; matter remitted to first respondent to pass orders afresh.

Kalaivanan Vs the Sub Divisional… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.01.2021

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CORAM:

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THE HON'BLE Mr. JUSTICE P.VELMURUGAN

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Criminal Revision Case No.1225 of 2020 and Crl.M.P.No.8574 of 2020

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Kalaivanan ... Petitioner

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..vs..

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1.The Sub Divisional Executive Magistrate and Revenue Divisional Officer, Tambaram.

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2.Inspector of Police, H-2, Guduvancherry Police Station, Chengalpattu District.

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3.The Superintendent, Puzhal Central Prison, Chennai. ... Respondents

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Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the order of detention dated 24.11.2020 made in M.C.No.2526/2020/B by the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Tambaram and allow this Revision.

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For Petitioner : Mr.C.D.Sugumar

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For Respondents: Mr.K.Madhan

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Government Advocate (Crl.Side)

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O R D E R

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Mr.K.Madhan, learned Government Advocate (Crl.Side) takes notice for the respondents. By consent of both parties, the matter is taken up today, for final disposal.

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2.This Criminal Revision Case has been filed against the order dated 24.11.2020 made in M.C.No.2526/2020/B on the file of the first respondent.

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3.The main grievance of the petitioner is that order dated 24.11.2020 was passed without providing sufficient opportunity and legal assistance to the petitioner to cross

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https://hcservices.ecourts.gov.in/hcservices/

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Page numbers

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examine the witnesses. Hence, the present Criminal Revision Case.

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4.Taking note of the above facts of the case, the order dated 24.11.2020 passed by the first respondent in M.C.No.2526/2020/B is set aside and the matter is remitted back to the first respondent to pass orders afresh in accordance with law, after providing sufficient opportunity and legal assistance to the petitioner.

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With above direction, this Criminal Revision Case is disposed of. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
ms
To
1.The Sub Divisional Executive Magistrate and
Revenue Divisional Officer,
Tambaram.
2.The Inspector of Police,
H-2, Guduvancherry Police Station,
Chengalpattu District.
3.The Superintendent,
Puzhal Central Prison,
Chennai.
4.The Public Prosecutor,
High Court, Madras.
+1cc to M/s.C.D.Sugumar, Advocate SR.1395
Crl. R.C. No.1225 of 2020
and Crl.M.P.No.8574 of 2020
AK(CO)
CB(11/02/2021)

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https://hcservices.ecourts.gov.in/hcservices/

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Page numbers

Kalaivanan v. the Sub Divisional Executive Magistrate and

Case brief

What is this about?

What did the court decide?

Kalaivanan v. the Sub Divisional Executive Magistrate and

Case brief

What is this about?

What did the court decide?

What the court decided

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