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may 2001

Supreme Court of India · 2001-05-02

COMMANDANT20 BN. I.T.B.POLICE vs SANJAY BINJOLA

Citation / case number
SC 2000/12465
Court
Supreme Court of India
Petitioner
COMMANDANT20 BN. I.T.B.POLICE
Respondent
SANJAY BINJOLA
Bench
K.T. THOMAS & R P. SETHI

Judgment text excerpt

The Supreme Court held that the appellate court exceeded its jurisdiction by directing that the conviction and sentence of the respondent, a constable under the Central Reserve Police Force Act, 1949, would not adversely affect his service career. The Court clarified that under Section 386 of the Code of Criminal Procedure, the appellate court does not have the authority to issue such directions post-conviction. Consequently, the High Court's ruling was set aside, reaffirming the principle that service-related consequences of a criminal conviction are to be determined by appropriate authorities, not by the criminal court.

COMMANDANT20 BN. I.T.B.POLICE vs SANJAY BINJOLA · Niyam