Elangovan v. the State Rep. by
Case brief
What is this about?
In this criminal revision, the High Court set aside the trial court's order of sentencing the accused to 337 days imprisonment for violation of natural justice, specifically the denial of opportunity to engage counsel, remitting the matter for fresh orders.
What did the court decide?
The impugned order of sentencing the petitioner was set aside and the matter remitted to the first respondent to pass fresh orders.
What the court decided
A compact analysis
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.
BAIL SLIP
The Appellant/Accused,namely Elangovan, 24 Yrs S/o. Elumalai Petitioner/Accused was released on bail as per order of this Court dated 06.09.2019 made in CRL MP.NO.9592/2019 IN CRL RC.NO.688/2019.
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 28.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.688 of 2019
Elangovan ...Petitioner/ Accused
-Vs-
- The State represented by The Sub-Divisional Magistrate cum
- Revenue Divisional Officer,
- Maduranthagam,
Kancheepuram District.
- The Inspector of Police,
Issues for consideration
2 issues framed by the court
Whether the Sub-Divisional Magistrate violated principles of natural justice by denying the accused an opportunity to engage counsel before sentencing.
Whether the impugned order of conviction and sentence should be set aside and the matter remitted for fresh proceedings.
Parties & counsel
- appellant
Elangovan
- respondent
The State represented by The Sub-Divisional Magistrate cum Revenue Divisional Officer, Maduranthagam
- respondent
The Inspector of Police, G5, Achirapakkam Police Station
Coram
Case details
As recorded by the court registry
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