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Chandroo Kundan Dass Pamnani Vs. Union of India (Uoi) and ors. Etc. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Writ Petn. Nos. 1377 and 1377A of 1979
Judge
Reported inAIR1980SC1123; 1980CriLJ804; 1980(12)LC513(SC)
AppellantChandroo Kundan Dass Pamnani
RespondentUnion of India (Uoi) and ors. Etc.
DispositionPetition allowed
Excerpt:
criminal - delay - article 22 (5) of constitution of india - inordinate and unexplained delay in considering representation filed by detenu confirmed - order of detention set aside - petition allowed. - indian penal code, 1890 section 300: [dr. arijit pasayat, lokeshwar singh panta & p. sathasivam, jj] murder incident taking place in course of free fight - more severe injuries caused on person of accused than deceased and so-called eye-witness - cannot be ascertained as to which party was aggressor held, acquittal of accused by trial court and high court is not liable to be interfered with. s. murtaza fazal ali, j.1. for the reasons that we have given in writ petition no. 1376 of 1979 which fully cover the present case where also there is an inordinate and unexplained delay in considering the representation filed by the detenu, the writ petition is allowed and the order of detention passed against the petitioner is set aside and the petitioner-detenu is directed to be released forthwith.2. in view of the order relating the detenu, writ petition no. 1377/79, being a petition from jail, becomes infructuous and hence no orders need be passed in relation thereto.
Judgment:

S. Murtaza Fazal Ali, J.

1. For the reasons that we have given in Writ Petition No. 1376 of 1979 which fully cover the present case where also there is an inordinate and unexplained delay In considering the representation filed by the detenu, the Writ Petition is allowed and the order of detention passed against the petitioner is set aside and the petitioner-detenu is directed to be released forthwith.

2. In view of the order relating the detenu, Writ Petition No. 1377/79, being a petition from Jail, becomes infructuous and hence no orders need be passed in relation thereto.


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