1984 (2) TMI 304

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.... in exercise of the powers conferred under sub-section (3) of section 360 of the Code of Criminal Procedure. 2.. Since the question of law raised is common to all of them, they are heard simultaneously and are disposed of by the common order. 3.. The learned Magistrate has proceeded to convict the accused on their pleading guilty and having regard to the fact that they were all first offenders has thought it proper to release them on admonition. 4.. Mr. T.J. Chouta, the learned High Court Government Pleader appearing for the State, submitted that the provisions of sub-section (3) of section 360, Cr. P.C., were not applicable to such cases of economical offences and the provisions in sub-section (3) of section 360 were restricted to parti....

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....on (3) of section 360, Cr. P.C., it would appear on the first flush that the provisions would be applicable only in cases of such offences as enumerated in first part of sub-section (3) of section 360 like theft, theft in building, dishonest misappropriation, cheating or any other offences under the Penal Code punishable with not more than two years' imprisonment; but on a close reading of the provisions, it would appear that the intention of the legislature was not to so restrict the application of the provisions contained therein. Wide discretion has been given to the court in the matter of releasing the accused on admonition instead of sentencing him to any punishment. The provisions are applicable even in case of offences punishable wit....