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

2011 Supreme(Mad) 1683

P.R.SHIVAKUMAR, C.NAGAPPAN
D. Ethiraj – Appellant
Versus
Secretary to Government, Chennai – Respondent


Advocates Appeared:
For the Petitioner:V. Padmanabhan, Senior Counsel for R. Karthikeyan, Advocate. For the Respondents: P. Kumaresan, Public Prosecutor.

Judgment :-

C. NAGAPPAN, J.

1. The convict prisoner D.Ethiraj is the petitioner herein, and according to him, his sentence of three years Rigorous Imprisonment has to be treated as undergone as he is entitled to the benefit of remission granted in six Government Orders, and because of the omission on the part of the respondents to give the benefit of remissions provided in the said Government Orders, his detention has become illegal and violative of Article 21 of the Constitution of India, and hence he has to be set at liberty.

2. The petitioner while working as Deputy Superintendent of Police at Ootacamund, Nilgiris District, was implicated in the case registered in Crime No.260 of 1987 on the file of B1 Police Station, Ooty and he was convicted by the learned District and Sessions Judge, Ooty, by judgment dated 14.1.1992, in Sessions Case No.11 of 1989 and sentenced to undergo three years Rigorous Imprisonment for an offence under Section 366 read with 109 IPC; one year Rigorous Imprisonment for an offence under Section 419 read with 109 IPC and one year Rigorous Imprisonment for an offence under Section 119 IPC. The petitioner preferred a criminal appeal in C.A.No.64 of 1992, and


















































































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