R RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 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:

(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. 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.