syncing the hyperbole called law & the meiosis called justice

Sunday, July 26, 2009

My tryst with Indian criminal jurisprudence

One Mr.Krishnaswamy, an inspector of Police had charged a person called Manickam with the offence of theft of a motorcycle in crime number 314/01 of Taluk police station, Erode District, Tamilnadu, which (theft) had occurred at 9.30 PM on 25.11.01. While reading the papers, I was amazed to notice that Manickam had been lodged in Trichy Central Prison from 9.11.01 to 27.12.01 as an undertrial in another case in crime number 1153 of 01.

So the claim of inspector Krishnaswamy was a downright lie, with the sinister intention of implicating Manickam in a case that the police could not solve. So, on behalf of Manickam I moved an application under section 482 CrPC in the Madras High Court, and got the chargesheet against Manickam quashed. I have since advised him to move the High Court for a compensation of rupees 25 lakhs as he had been in jail for over 3 and a half years as an undertrial in the case, and even the maximum penalty for the offence of theft is only 3 years imprisonment. I have also advised him to seek action against the said inspector for forgery and fabrication of records, and for implicating him falsely. I have come across more startling aspects in the said Manickam's case, which I am reserving for future posts, lest the significance of this post gets diminished.

Well, this was my first case as soon as I entered practise. Wondering what else I've come across. Look forward to my future posts. I promise it shall be a tell-all.

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