Supreme Court · 2006 INSC 402 · Decided 6 July 2006
Chani v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2006 INSC 402 · [2006] SUPP. 3 S.C.R. 305
- Case number
- CRIMINAL APPEAL No. 721/2006
- Decided
- 6 July 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 323, 149, 147; CrPC Section 360, 361
Headnote
Code of Criminal Procedure, 1973; Ss. 360, 361/Probation of Offenders Act, 1958; Section 4: A B Modification of judgment delivered by High Court in a criminal appeal- C Section 4 of the Probation Act vis-a-vis Section 360 of the Code-Applicability of-Held: Where provisions of the Probation Act in highly undesirable consequences not intended by the legislature-Courts could apply provisions of one of these beneficial Acts by assigning special reasons D thereof-Enforcement of provisions of Probation Act in some area excludes the applicability of the provisions of Ss. 360 and 361 of the
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