A GLANCE AT THE PROCEDURE BEING FOLLOWED IN THE HON’BLE MADRAS HIGH COURT IN CERTAIN MATTERS:
- Criminal Original Petition:
Accused persons or persons likely to be arraigned as accused in criminal cases, may move the High court for the purposes of anticipatory bail, regular bail, condition relaxation, direction to register the complaint, etc. The state may be directed to file counter stating out its stand in such petitions. However, State may not be directed to file its say in all such petitions, but only in certain petitions. The State may also file Criminal Original Petitions for cancellation of bail, etc. After considering petition and counter filed by both parties, and the argument made by both sides, the court will pass an order. This is how criminal original petition is being disposed of by the high court. This matter is decided by the single judge.
2. Writ Petition:
Some Writ petitions are filed either before single bench and some other writ petitions, especially Writ of habeas corpus are filed before the Division Bench of the High court. The State is required to file its counter affidavit in all cases. In the matters to be heard by the Division Bench, Two counter affidavits, two typed sets of papers are to be filed along with the as many copies of the same as the number of the petitioners/ respondents is where as only one set of papers is sufficient for the petitions to be heard by the single judge. After considering Writ petition filed by the petitioner, counter Affidavits filed by the State, and the argument made by both sides, the court will pass an order in writ petitions. This is how Writ petitions are being disposed of by the high court. This matter is decided either by the single judge or the Division Bench as the case may be.
3. Writ Appeal:
If order passed by the single judge in writ petition is to be challenged, the same may be made by filing writ appeal to the Division Bench of the same high court. If order passed by the Division Bench in writ petition is to be challenged, the same may be made by filing writ appeal to the supreme court after filing special leave petition (SLP), i.e. permission to file appeal. Kindly note that writ petition, writ appeal, criminal appeal, etc. will have to be first admitted by the court concerned before issuance of notice to the respondents. The petitioner/ appellant is required to convince the court about the admissibility/ maintainability of the writ petition/ appeal.
4. Caveat in the High Court:
If a trial court's order or an order of single judge of High court is in favour of one party, the other party may approach the High court/ or Division Bench of High court, as the case may be, and at the time of admission, might get some interim orders. Only after the first hearing if the case is admitted, the notice goes to the other party/ State. But if the party/State wishes to have a notice about the first hearing itself then it requires to file a caveat in the registry of the High court. In such a case, if any appeal is filed in that matter, the advocate on record who filed the Caveat will be informed by the Registry about the first hearing date also. In that hearing, the party/State who filed the Caveat can also be represented in the Court. The validity of the caveat is 90 days and hence the caveat needs to be renewed time and again.
5. Contempt of court application:
In contempt proceedings, at least 4 weeks’ notice will be ordered to the contemnors. If the contemnors evade service of notice or not appearing before the court, then the court may order the contemnors being arrested, or if they could not be arrested, then their property would be ordered to be attached. If thereafter, a contemnor appears before the court, and submits to its judgment, the court may either commit him to jail or accept bail for his appearance. So far as hearing is concerned, after the contemnor appears before the court and disputes the charge levelled against him, he will be given an opportunity to explain against the charge. After considering both sides’ evidence , i.e., of the Advocate General on the one side and the contemnor on the other side, the Court will pass its order.
6. Contempt Appeal:
Order passed in contempt application may be appealed against, by filing a contempt appeal which will be placed before the Division Bench of the same High court. It will be a Letter Patent Appeal, i.e. appeal against the single judge’s decision to be heard by the Division Bench of the same High court.
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