Supreme Court of India

Commandant 20 Bn. Itb Police v. Sanjay Binjola

Neutral citation
Reported as [2001] 3 S.C.R. 367
Bench K.T. Thomas and R.P. Sethi JJ.
Decided 2 May 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that after passing the order of conviction and sentence, C the criminal court should not have issued any direction relating to the service career of the respondent which is governed by the Act, Rules made thereunder and the service rules governing his conditions of service.

Judgment, page 6

From the headnote

Code of Criminal Procedure, 1973. Section 386-Clause (e)-Appe//ate Court-Power to make amendment in the impugned order-Power to make incidental order that may be just and proper-Scope of power-Does not include power to interfere with service career of the accused. Inda Tibetan Border Po/ice-Constable-Conviction under Section JO(n) of the Central Reserve Police Force Act, 1949-Ap~eal-Direction given by appellate court-Conviction and sentence should not affect service career of the accused-Held invalid. Probation of Offenders Act, 1958--Sections 3 and 4 Object of the Act discussed-Accused

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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