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1985 DIGILAW 273 (MAD)

R. Rajan v. State of Tamil Nadu

1985-06-25

SENGOTTUVELAN

body1985
JUDGMENT The Court made the following Order: The petitioner, a life convict, undergoing sentence for offences under sections 302 and 397 , Indian Penal Code, in the Central Prison, Coimbatore, has filed this petition under section 482 of the Code of Criminal Procedure praying for his release on parole for three months on the ground that his parents are very old and he is having a sister to be married and that his parents want to have the marriage of the sister before their death and also want to repair the house. The case of the petitioner is that his presence is necessary for effecting repairs to the house and for getting his sister married to satisfy the wish of his parents. The petition is opposed by the State on the ground that only the State Government has got the power to suspend the sentence and grant parole under section 432, Criminal Procedure Code, and in this case, an application has been made to the State Government, and accepting the report of the Probation Officer, the State Government rejected the request of the petitioner for releasing him on parole and this Court cannot sit in judgment over the decision of the State Government in this regard. 2. The point for determination in this petition is: Whether this Court on an application under section 482, Criminal Procedure Code, can grant parole to the petitioner when his previous application for parole had been rejected by the State Government? 3. This petition is filed under section 482 of the Code of Criminal Procedure which deals with the inherent powers of this Court to pass orders that are necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. In the case reported in A.I.R. 1959 S.C. 542 and in later judgments, it has been held that section 482, Criminal Procedure Code, cannot be invoked in regard to matters covered by specific provisions of the Code. When the State Government is the authority under section 432 , Criminal Procedure Code, to suspend the sentence for proper reasons, the petitioner cannot approach this Court for the relief of suspension of sentence under section 482, Criminal Procedure Code. When the State Government is the authority under section 432 , Criminal Procedure Code, to suspend the sentence for proper reasons, the petitioner cannot approach this Court for the relief of suspension of sentence under section 482, Criminal Procedure Code. It is also seen in this case that an application under section 432, Criminal Procedure Code, had been made to the State Government, and the State Government after getting the report of the Probation Officer concerned, rejected the same. 4. The learned Counsel for the petitioner draws my attention to the judgment of S.Natarajan, J., in Ramakrishnan v. The State of Tamil Nadu Ramakrishnan v. The State of Tamil Nadu (1983) L.W. (Crl.) 181: (1983) Crl.L.J. 1763, where it has been observed that the Court may over- rule the objection raised by the Government for grant of relief to the convict and direct that there will be suspension of sentence and grant parole to the petitioner for a period of two weeks. That was a case where a life convict approached the Government for parole, but the Government refused to grant the same, and on such refusal, he made an application under section 482, Criminal Procedure Code and 432(2) of the Tamil Nadu Suspension of Sentence Rules for the grant of parole. The learned Judge has taken the view that the grant of leave to the convicts can be under two heads (1) ordinary leave and (2) leave under emergent circumstances. In that case, the convict produced the marriage invitation of his sister, which is to take place in a few days and on that ground, the learned Judge came to the conclusion that there is an emergent circumstance, which deserves the extraordinary leave to be granted to the convict. But that conclusion, under the special circumstances of that case, cannot be taken to be the general principle to be observed in all cases. In this case, no such extraordinary circumstance is made out, apart from stating that the parents are old and that the sister will have to be got married. The very same Judge in the case in R.Sadasivam (Crl.M.P.No.7320 of 1983) held that order of refusal to grant leave is final and that this Court will not sit in appeal over the decision of the Government. The very same Judge in the case in R.Sadasivam (Crl.M.P.No.7320 of 1983) held that order of refusal to grant leave is final and that this Court will not sit in appeal over the decision of the Government. Again, the very same Judge, in a subsequent decision rendered in Crl.M.P. No.8096 of 1985 held that this Court has no power to entertain an application for parole and in the case of ordinary leave, he should approach the Government, and in the case of urgency, he should approach the prison authority himself. Under the circumstances, it is clear that this Court has no jurisdiction to sit in judgment over the conclusion arrived at by the Government in the matter of granting parole, and the decision in Ramakrishnan v. The State of Tamil Nadu Ramakrishnan v. The State of Tamil Nadu (1983) L.W. (Crl.) 181: (1981) Crl.L.J. 1763, cannot be said to be laying down the law on that point. 5. The Supreme Court has repeatedly pointed out, the latest of which is Madhu Limaye v. State of Maharashtra Madhu Limaye v. State of Maharashtra (1977) 4 S.C.C. 551 : (1978) Crl.L.J. 165: (1978) S.C.C. (Crl.) 10: (1978) 1 S.C.R. 749 : A.I.R. 1978 S.C. 47, that powers under section 482, Criminal Procedure Code, cannot be exercised as against the express bar of law engrafted in any other provision of the Code. In this case, exercising the power of granting parole will amount to usurping the function of the Government under section 432, Criminal Procedure Code. Hence the request of the petitioner will have to be negatived and accordingly this petition is dismissed. B.S. ----- Petition dismissed.