SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Guj) 26

K.J.VAIDYA
VAGHARI JENABHAI ATABHAI – Appellant
Versus
VAGHARI JESANGBHAI ugrabhai – Respondent


Advocates Appeared: J.V.DESAI, K.H.BAGCHI, N.C.NAYAK

VAIDYA, J.

( 1 ) (I) What is the correct import of the phrase "relase him after due admonition appearing in Sec. 3 of the Probation of Offenders Act, 1958 as well as consequential aspect thereto; viz. (ii) in what manner the said empowering provision pertaining to "admonition" is to be exercised and executed by the concerned Court and or to put it other way whether a mere recital in the judgment, to quote, "all the accused are hereby released after due admonition under Sec. 3 of the Probation of Offenders Act, 1958" (without there being any material on the record to indicate that an act of administering admonition to the accused was actually performed by the Court) by itself can be said to be a truly sufficient compliance with relevant provisions of the said Act ? are the questions which arises for consideration in this Criminal Revision Application.

( 2 ) THE facts insofar as they are relevant for this Revision, are that one vaghari Jenabhai Atabhai lodged a complaint before the Kalol Police Station alleging that on 5/06/1979, at about 7-00 p. m. when he was sitting outside his house, the respondent-accused viz. Vaghari Jesangbhai Ugrabhai and three others came abusing, entered his




















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top