A.K. MALLU vs PURANACHANDRA RAO & ANR. Supreme Court, 16-12-1966
| Judge | HIDAYATULLAH,M. |
| Parties | A.K. MALLUPURANACHANDRA RAO & ANR. |
| Docket Number | Appeal Criminal 65 of 1964 |
| Date | 16 December 1966 |
| Court | Supreme Court (India) |
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PETITIONER:
A.K. MALLU
Vs.
RESPONDENT:
PURANACHANDRA RAO & ANR.
DATE OF JUDGMENT:
16/12/1966
BENCH:
HIDAYATULLAH, M.
BENCH:
HIDAYATULLAH, M.
BHARGAVA, VISHISHTHA
MITTER, G.K.
CITATION:
1967 AIR 1363 1967 SCR (2) 209
ACT:
Code of Criminal Procedure (Act 5 of 1898), s.
562(1.A)--If applies only to offences relating to property.
HEADNOTE:
The accused was convicted of the offence of wrongful
confinement under s. 342 I.P.C., and was released after due
admonition under s. 562(1-A), Criminal Procedure Code.
On the question whether the latter section is concerned only
with offences relating to property and was therefore not
applicable in the present case,
HELD : The clause "any offence under the Indian Penal Code
punishable with not more than two years’ imprisonment" in s.
562(1-A) Cr.P.C., stands by itself and indicates that all
offences punishable with not more than two years’
imprisonment are capable of being dealt with under the
section. The words "any offence under the Indian Penal
Code" cannot be read ejusdem generis with the offences of
theft etc. mentioned earlier in the section. Those offences
had to be specifically mentioned so as to be included in the
section, because, they are offences- punishable with im-
prisonment of more than two years. [310 G-H]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeals Nos.
65 and 243 of 1964.
Appeals by special leave from the judgment and order dated
September 18, 1963 of the Andhra Pradesh High Court in
Criminal Appeal No. 385 of 1962.
S. C. Agarwala, for the appellant (in Cr. A. No. 65/64)
and respondent No. 2 (in Cr. A. No. 243/64).
K. R. Chaudhuri, for the appellant (in Cr. A. No. 243/64)
and respondent No. 1 (in Cr. A. No. 65/64).
T. V.R. Tatachari, for respondent No. 2 (in Cr. A. No.
65/64) and respondent No. 1 (in Cr. A. No. 243/64).
The Judgment of the Court was delivered by
Hidayatullah, J. These are two appeals, one (Criminal Appeal
No. 243 of 1964) by one Purna Chandra Rao who has been
convicted under S. 342, Indian Penal Code by the High Court
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