Theriappan v. The Inspector of Police
Case brief
What is this about?
Right to counsel / legal aid in criminal trials and appeals; unrepresented accused; conviction for rash and negligent driving in C.C.No.163 of 2012 (Judicial Magistrate No.2, Srivilliputhur, judgment 28.04.2014) confirmed by Principal District Court, Srivilliputhur in Crl.A.No.81 of 2014 (order 15.11.2019) despite the appellant having no advocate; revision under Section 397 r/w.401 Cr.P.C.; Madras High Court (Madurai Bench) remitted to appellate court for reconsideration with mandatory legal aid counsel appointment; relied on Mangat Singh vs. State of Punjab, 2005 (11) SCC 185; Theriappan v. Inspector of Police, Sirivillaputhur Town Police Station; disposed of, no costs.
What did the court decide?
Criminal Revision Case disposed of with remittal to the Appellate Court (Principal District Court, Srivilliputhur) for reconsideration, subject to the incumbent duty to secure legal aid counsel for the petitioner if unrepresented; no costs; connected miscellaneous petition (Crl.MP.(MD).No.2228 of 2020) closed.