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In Re: the Public Prosecutor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 695 and Cri. Revn. Petn. No. 639 of 1950
Judge
Reported inAIR1951Mad607; (1951)IMLJ14
ActsReformatory Schools Act, 1897 - Sections 8
AppellantIn Re: the Public Prosecutor
Advocates:The Asst. Public Prosecutor
Excerpt:
- - besides detention in a borstal school is a reformatory measure i like admonition and there is little point in piling detention on detention any more than in giving admonition after admonition.orderpanchapakesa ayyar, j.1. the learned public prosecutor is right when he says that there is no provision to direct an order of detention in a borstal school to run consecutively with such a previous order of detention, as in the case of a sentence of imprisonment. besides detention in a borstal school is a reformatory measure i like admonition and there is little point in piling detention on detention any more than in giving admonition after admonition. so, the learned magistrate's order directing this detention to be consecutive to the previous one is set aside, and the detention directed here is allowed to be merged in the previous detention (ordered in c. c. no. 6 of 1950, sub-divisional magistrate narasaraopet) and to run concurrently with it till that term is over.
Judgment:
ORDER

Panchapakesa Ayyar, J.

1. The learned Public Prosecutor is right when he says that there is no provision to direct an order of detention in a Borstal School to run consecutively with such a previous order of detention, as in the case of a sentence of imprisonment. Besides detention in a Borstal School is a reformatory measure I like admonition and there is little point in piling detention on detention any more than in giving admonition after admonition. So, the learned Magistrate's order directing this detention to be consecutive to the previous one is set aside, and the detention directed here is allowed to be merged in the previous detention (ordered in C. C. No. 6 of 1950, Sub-Divisional Magistrate Narasaraopet) and to run concurrently with it till that term is over.


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