In Re: Ramjibhai Waghjibhai - Court Judgment

Excerpt:

criminal procedure code (act v of 1908) sections 110, 112, 114, 87, 88-security proceedings-accused residing outside the court's jurisdiction-warrant for arrest of accused-proclamation and attachment of accused's property.;in a proceeding under section 110 of the criminal procedure code, the magistrate issued (section 114) a warrant to arrest the accused who had already left his jurisdiction. as the warrant was not executed, the magistrate took proceedings under section 87 and attached the movable and immovable properties of the accused under section 88 of the code. an application having been made to cancel the warrant and attachment proceedings:-;that as the accused was no longer living within the limits of the court's jurisdiction, the warrant, proclamation and attachment issued against him were illegal. - - but upon the best consideration we can give to the matter, we take the same view as the learned sessions judge has expressed in his reference;1. there is no appearance in this case for the district magistrate though notice has been served upon him. in these circumstances we have not had the advantage of arguments in support of the sub divisional magistrate's proceedings. but upon the best consideration we can give to the matter, we take the same view as the learned sessions judge has expressed in his reference; and for the reasons there appearing we hold that the warrant, proclamation and attachment in this case were illegal. we, therefore, set them aside, and direct the attachment to be raised.