- (1.) M. K. Mukherjee, C. J. Chander alias Ram Chander, the petitioner herein, was placed on trial (Sessions Trial No. 386 of 1978) before the learned Additional Sessions Judge, IIIrd Court, Lucknow for an offence punishable under Section 302 of the Indian Penal Code. By a judgment and order dated September 26, 1980 the learned Judge convicted the petitioner for the said offence and sentenced him to imprisonment for life. Aggrieved thereby, he preferred an appeal before this Court, which proved abortive. He has now filed this petition under Article 226 of the Constitution of India contending that at the time of the commission of the offence he was aged less than 21 years and as such he should have been dealt with under the United Provinces Borstal Act, 1938 and praying for a declaration that his detention is illegal.
(2.) HAVING heard the learned Advocates appearing for the parties and considering the facts and circumstances of the case, we regret our inability to accept the contention of the petitioner, firstly because, the records do not indicate that in course of the trial and even during the hearing of the appeal, the petitioner raised this question, which is one of facts and, secondly because, the sentence of imprisonment passed by a competent court of law cannot be quashed in the writ jurisdiction. Reference in this connection may be made to the judgment of the Supreme Court in the case of Col. Dr. B. Ramchandra Rao v. The State of Orissa and others, reported in AIR 1971 SC 2197 and the Full Bench decision of the Patna High Court in the case of Ramesh Kumar Ravi alias Ram Prasad and others v. State of Bihar and others, reported in AIR 1988 Patna 199. The above judgments are authorities for the proposition that a judicial order of a competent court of law can in no way be assailed through a writ process. For the aforesaid discussion, we reject the petition. We, however, hope and trim that having regard to the fact that the petitioner is incarcerated for more than 14 years, if any representation is now made by him for his release for the same will be considered by the State Government with all the sympathy it deserves. The oral prayer for a certificate to move the Supreme Court against this order is rejected. Petition dismissed. .;