Criminal Revision filed to set aside an order under Section 122 of Cr.P.C. passed while the petitioner was in custody, where legal assistance was not provided, violating constitutional rights.
The order passed by the first respondent on 12.04.2021 under Section 122 of Cr.P.C. was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.235 of 2021
Siva @ Speed Siva ... Petitioner
Vs.
Chennai City Police.
Chennai - 600100. ...Respondent
PRAYER : Criminal Revision is filed under Sections 397 and 401 of Criminal Procedure Code, to set aside and revise the order dated 12.04.2021 passed by the 1st respondent in eh/fh/vz;/83-epu;/ br/ eL/ fh/ J/ M/ g/ njh/ k-2021 on the file of the Executive Magistrate cum Deputy Commissioner of Police, St.Thomas Mount.
For Petitioner : Mr.S.Vellidoss
For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side)
This Criminal Revision Case has been filed to set aside and revise the order dated 12.04.2021 passed by the 1st respondent in eh/fh/vz;/83-epu;/ br/ eL/ fh/ J/ M/ g/ njh/ k-2021 on the file of the Executive Magistrate cum Deputy Commissioner of Police, St.Thomas Mount.
already executed a bond under Section 110 of Cr.P.C. During the pendency of the bond period, the petitioner had allegedly committed another offence in Crime No.208 of 2021 for the offence under Sections 294(b), 341, 324, 307, 506(ii) of IPC and he was summoned by the second respondent/police and produced before the first respondent. After completing the enquiry, the first respondent has passed the impugned order dated 12.04.2021. Challenging the said order, the petitioner is now before this Court.
legal assistance to the petitioner.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
dm
To
Crl.R.C.No.235 of 2021
GSM(CO) SU(23/07/2021)
3 issues framed by the court
Whether an order passed under Section 122 of Cr.P.C. without providing legal assistance to an accused in custody is liable to be set aside.
Whether the State showed gross negligence by failing to extend legal assistance to the petitioner in custody before passing the impugned order.
Whether the criminal revision filed under Sections 397 and 401 of Cr.P.C. should be allowed due to lack of legal representation.
3 provisions across 1 enactments
Siva @ Speed Siva
Executive Magistrate Cum Deputy Commissioner of Police, St. Thomas Mount
State : Inspector of Police, Law and Order, S-16 Police Station, Perumbakkam
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
