Emperor Vs. Kundan and ors.

Emperor vs Kundan and ors.

Type Court Judgment Court Allahabad Decided May 22, 1914

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Citation: sooperkanoon.com/460938
Court: Allahabad
Judge: Chamier, J.
Decided On: May 22, 1914
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, Sections 118 and 123 - Security for good behaviour--Imprisonment in default not to include solitary confinement. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Kundan and ors.

Legal References

Reported In: (1914)ILR36All495

Excerpt

criminal procedure code, sections 118 and 123 - security for good behaviour--imprisonment in default not to include solitary confinement. - chamier, j.1. in this case the magistrate passed an order under section 118 of the code of criminal procedure, and when the security demanded was not forthcoming directed that the persons concerned should be rigorously imprisoned for one year, of which two months would be spent in solitary confinement. he had no power to order solitary confinement in a case of this kind. so much of his order as directs that kundan, sumer singh and kalian shah be kept in solitary confinement for two months is set aside.

Full Judgment

Chamier, J.

1. In this case the Magistrate passed an order under Section 118 of the Code of Criminal Procedure, and when the security demanded was not forthcoming directed that the persons concerned should be rigorously imprisoned for one year, of which two months would be spent in solitary confinement. He had no power to order solitary confinement in a case of this kind. So much of his order as directs that Kundan, Sumer Singh and Kalian Shah be kept in solitary confinement for two months is set aside.

Same Parties Emperor vs Kundan and ors. Same Subject Criminal Same Judge Chamier, J.

Criminal