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In Re: Pichari Anthu and anr.

Type Court Judgment Court Chennai Decided Aug 12, 1915
~1 min read
https://sooperkanoon.com/case/795479

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 35 - Sentence for offence, directed to take effect after expiry of sentence for default to find security for good behaviour, legality of. - - 3 and 4 were undergoing for default to find security for good behaviour, was illegal See.

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Pichari Anthu and anr.

Legal References

Cases Referred
See. Joghi Kannigan v. Emperor
Reported In
AIR1916Mad1144(1); 30Ind.Cas.446

Excerpt

criminal procedure code (act v of 1898), section 35 - sentence for offence, directed to take effect after expiry of sentence for default to find security for good behaviour, legality of. - - 3 and 4 were undergoing for default to find security for good behaviour, was illegal see.orderspencer, j.1. the sub-magistrate's direction that the sentence of two month's imprisonment for the offence under section 225b of the indian penal code should taken effect after the expiry of the sentence which the accused nos. 3 and 4 were undergoing for default to find security for good behaviour, was illegal see. joghi kannigan v. emperor 31 m.k 515 : 4 m.l.t. 223 : 8 cri. l.j. 402. i direct that it be reckoned to commence from the date of the magistrate's order, viz., 9th april 1915.

Full Judgment

ORDER

Spencer, J.

1. The Sub-Magistrate's direction that the sentence of two month's imprisonment for the offence under Section 225B of the Indian Penal Code should taken effect after the expiry of the sentence which the accused Nos. 3 and 4 were undergoing for default to find security for good behaviour, was illegal See. Joghi Kannigan v. Emperor 31 M.K 515 : 4 M.L.T. 223 : 8 Cri. L.J. 402. I direct that it be reckoned to commence from the date of the Magistrate's order, viz., 9th April 1915.

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