minal Appeals Nos 65 and 243 of 1964
Appeals by special leave from the judgment and order dated September 18 1963 of the Andhra Pradesh High Court in Criminal Appeal No 385 of 1962
section C Agarwala for the appellant in Cr A No 6564 and respondent No 2 in Cr A No 24364
K R Chaudhuri for the appellant in Cr A No 24364 and respondent No 1 in Cr A No 6564
T VR Tatachari for respondent No 2 in Cr A No 6564 and respondent No 1 in Cr A No 24364
The Judgment of the Court was delivered by Hidayatullah J
These are two appeals one Criminal Appeal No 243 of 1964 by one Purna Chandra Rao who has been convicted under section 342 Indian Penal Code by the High Court of Andhra Pradesh but in lieu of the sentence the High Court released him under section 5621 A of the Criminal Procedure Code after due admonition and the other Criminal Appeal No 65 of 1964 by one A K Mallu against the judgment of the Andhra Pradesh High Court releasing the respondent who is the appellant 310 in the other appeal after admonition under section 562 1 A of the Code of Criminal Procedure
The two appeals have been respectively filed by the complainant who had lodged a complaint against him on which the conviction resulted and by the accused
In so far as the appeal of the accused is concerned we have recorded an order separately which shows that Mr K R Chaudhary advocate of this Court appeared before us and told us that he would like to withdraw from the case
As the accused is not represented before us there is no alternative but to dismiss his appeal in default
As regards the other appeal Mr section C Aggarwal contends that section 562 I A is not applicable to an offence under section 342 of the Indian Penal Code
His reasons are that section 562 1 A is concerned with offences concerning property and offences not so concerned cannot be subjected to treatment under that section
Section 562 1 A reads as follows In any case in which a person is convicted of theft theft in a building dishonest misappropriation cheating or any offence under the Indian Penal Code punishable with not more than two years  imprisonment and no previous conviction is proved against him the Court before whom he is so convicted may if it thinks fit having regard to the age character antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed instead of sentencing him to any punishment release him after due admonition
 Mr Aggarwala contends that the Code has mentioned several offences by description such as theft theft in building dishonest misappropriation and cheating which are offences connected with property and therefore words any offence under the Indian Penal Code which follow must be given an interpretation confining them to those sections of the Penal Code where property is either directly or indirectly involved
In our opinion this submission is not correct and Mr Aggarwala is not right in reading the section as he contends
The offences which are earlier mentioned in the section are punishable with imprisonment of more than two years and therefore it was necessary to mention them so as to include them in addition to offences under the Indian Penal Code punishable with not more than two years  imprisonment
The words any offence under the Indian Penal Code therefore cannot be read ejusdem generis with the offences which are mentioned earlier
This clause stands by itself and indicates that all offences punishable with not more than two years  imprisonment are also capable of 311 being dealt with under s562 1 A
Offences against property are all included in Ch
17 of the Indian Penal Code and if it was desired to limit the operation of section 5621 A to offences against property it would have been the easiest thing to have mentioned the Seventeenth Chapter of the Code
For these reasons we do not accept the argument
As a result both the appeals fail and are dismissed
VPS Appeals dismissed


Summary:
The accused was convicted of the offence of wrongful confinement under section 342 IPC and was released after due admonition under section 5621 A Criminal Procedure Code
On the question whether the latter section is concerned only with offences relating to property and was therefore not applicable in the present case HELD  The clause any offence under the Indian Penal Code punishable with not more than two years  imprisonment in section 5621 A CrPC stands by itself and indicates that all offences punishable with not more than two years  imprisonment are capable of being dealt with under the section
The words any offence under the Indian Penal Code cannot be read ejusdem generis with the offences of theft etc
mentioned earlier in the section
Those offences had to be specifically mentioned so as to be included in the section because they are offences punishable with im prisonment of more than two years
310 G H