SK Law House Legal Articles
Law updates, legal guidance, and practical articles for clients and readers of `sklawhouse.com`.
Articles tagged #CriminalLaw
Magistrate Cannot Conduct Premature Mini-Trial on Civil Title While Deciding Section 175(3) BNSS Plea: Madras High Court (2026:MHC:4155)
In A. Chidambaram v. State (Crl.R.C. No. 919 of 2026, 2026:MHC:4155), the Madras High Court set aside a Judicial Magistrate's dismissal of a Section 175(3) BNSS complaint, holding that a pending civil dispute does not bar criminal investigation into forgery and fabrication.
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Madras High Court Flags 2,423 Pending Corruption Cases, Directs State to Establish Dedicated Special Courts Under PC Act
In A. Shahul Hameed v. State of Tamil Nadu (Crl.O.P.(MD) No. 11066 of 2026), the Madurai Bench of the Madras High Court held that 2,423 pending graft cases cannot be treated as routine additional work for Principal District Judges, directing dedicated Special Courts and prosecutors.
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Madras High Court POCSO Quashing Order: Compliance Period Extended to 16 Weeks
The Madras High Court extended a compliance period from 12 to 16 weeks in a conditional POCSO quashing order. This case note explains the limited correction, the original conditions and wording that requires clarification.
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Onerous Bail Condition Requiring Rs. 20 Lakh Property Document Deleted: Madras High Court Modifies Sessions Court Anticipatory Bail Order in Chit Dispute
In Selvamurugan v. State (Crl.O.P. No. 16985 of 2026, decided on 04.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court deleted an onerous anticipatory bail condition imposed by the Principal Sessions Judge, Puducherry, which had required the accused to produce a property title document worth Rs. 20,00,000/- in a case arising out of a disputed chit fund transaction.
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Written Grounds of Arrest Mandatory Under Article 22(1) and Section 47(1) BNSS: Madras High Court Sets Aside NDPS Remand Order
In Abhishek v. The State (Crl.O.P. No. 9519 of 2026, decided on 02.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court set aside a judicial remand order in an NDPS case, holding that generic "reasons for arrest" in a template arrest memo cannot substitute for communicating specific "grounds of arrest" in writing under Article 22(1) of the Constitution and Section 47(1) of the BNSS.
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Inherent Constitutional Powers to End Protracted Disputes: Supreme Court Invokes Article 142 to Quash Decade-Old Criminal Proceedings Against NTK Chief Seeman
The Supreme Court of India has exercised its plenary jurisdiction under Article 142 of the Constitution to quash a 14-year-old criminal case against Naam Tamilar Katchi leader S. Seeman, ruling that perpetuating stale interpersonal disputes after mutual resolution serves no legitimate public purpose.
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Anti-Corruption Mandamus and Review Limits: Madras High Court Clears Decks for DVAC Probe in Municipal Recruitment Case
The Madras High Court First Division Bench has dismissed a review application filed by a former minister, holding that review jurisdiction under Article 226 cannot be used to stifle a lawful investigation when prima facie materials disclose cognizable corruption offenses.
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UAPA Witness Protection Cannot Curtail Cross-Examination: Madras High Court Issues Section 44 Guidelines
The Madras High Court has issued detailed safeguards for granting witness anonymity under Section 44 of the UAPA. It held that witness protection must operate as a shield against threats and not as a prosecution tool to curtail the accused’s valuable right of cross-examination.
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Suspicion Is Not Proof: Supreme Court Acquits Two in River-Drowning Murder Case | 2026 INSC 859
The Supreme Court acquitted two men convicted of murdering a friend who drowned, holding that suspicious conduct cannot substitute for proof of homicidal death.
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Supreme Court Extends Section 498A to Marriage-Like Live-In Relationships, Adds Arrest Safeguards | 2026 INSC 784
The Supreme Court held that Section 498A IPC can protect women in marriage-like live-in relationships with intent to marry, while mandating preliminary inquiry before arrest.
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Single Eyewitness Not Fully Reliable: Madras High Court Sets Aside Murder Convictions and Orders Release
The Madurai Bench of the Madras High Court set aside the murder convictions of four accused after finding serious doubts in the sole eyewitness account, unexplained delays in the complaint and FIR, inconsistencies regarding weapon recovery, and absence of independent corroboration.
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Second Charge Sheet on Same Allegations Cannot Continue: Madras High Court Quashes DVAC Proceedings
The Madras High Court quashed a second criminal prosecution arising from the same FIR and substantially identical allegations, holding that an accused cannot be prosecuted twice for the same offence and facts. The Court also found fault with further investigation conducted after trial commenced without obtaining permission from the trial court.
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Madras High Court Quashes Prohibition Case: Possession of 1.68 Litres Liquor Not an Offence
Madras High Court rules that possession of liquor within permissible limits for personal use cannot attract prosecution under the Tamil Nadu Prohibition Act.
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Madras High Court Quashes POCSO & Child Marriage Charges After Couple Marries – Reality Over Technicality
In a crucial ruling, the Madras High Court quashed serious POCSO and child marriage charges after considering subsequent marriage and compromise between parties, emphasizing ground reality over rigid prosecution.
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Madras High Court Sets Aside Conviction After Compromise in Belair Corporation Cheating Case
Madras High Court quashes conviction in Belair Corporation cheating case after parties reach settlement, invoking inherent powers to secure justice.
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Undertrial Bail Mandatory After 1/3 Sentence Served – Delhi High Court Issues Strict Directions
Delhi High Court orders strict implementation of bail for undertrial prisoners who served one-third sentence under BNSS Section 479. Key legal insights explained.
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Alangulam Toddy Farmer Shooting Incident: Legal Analysis of Police Action and FIR Procedures
The Alangulam toddy farmer incident raises serious legal questions regarding police firing, use of force, and rights of civilians. This article examines the legal framework, FIR procedures, and remedies available under Indian law.
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