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Articles tagged BNSS 2023
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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BNSS Section 223(1) Proviso Gives PMLA Accused Statutory Right to Relied-Upon Documents Pre-Cognizance: Madras HC (2026:MHC:4462)
In R. Anandha Ramakrishnan v. The Assistant Director, ED (2026:MHC:4462), the Madurai Bench of the Madras High Court held that under the first proviso to Section 223(1) of BNSS, an accused in a PMLA complaint has a statutory right to receive relied-upon documents at the pre-cognizance stage.
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TNPID Special Court Proceedings Quashed After 100% Settlement of All 75 Depositors: Madras High Court Terminates Decade-Old EOW Prosecution
In M/s. Achievers Agri India (P) Ltd. & Others v. State Rep. by DSP, EOW-II, Salem (Crl.O.P. No. 20223 of 2026, decided on 24.09.2026 and clarified on 02.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court quashed the entire criminal proceedings in C.C. No. 11 of 2015 on the file of the TNPID Special Court, Coimbatore, after recording that all 75 depositors involving claims of Rs. 41,23,420/- had been settled in full.
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NDPS Commercial Quantity Prosecution Quashed: Madras High Court Holds Co-Accused Confession Without Bank or Corroborative Proof Cannot Sustain Trial
In Shek Naseer Useen @ Shaik Nazeer Hussian v. State (Crl.O.P. No. 31964 of 2026, decided on 03.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court quashed NDPS Special Court proceedings in C.C. No. 531 of 2024 involving 117.850 Kgs of ganja against Accused No. 5 and ordered his immediate release from Puzhal Central Prison, holding that a co-accused's police confession is inadmissible under Section 23 of the Bharatiya Sakshya Adhiniyam (Section 25 Evidence Act) and Tofan Singh v. State of Tamil Nadu.
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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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