State Vs. Kochukochu Bhaskaran - Court Judgment

Excerpt:

- order :the sub-divisional magistrate's view that he has no jurisdiction to issue a search warrant to search for a person wrongfully confined beyond the local limits of his jurisdiction is wrong. we are in full agreement with the view to that effect set out by the learned sessions judge in paragraph 4 of the reference order. section 100, criminal p. c. under which the application was made has to be read with sections 101, 82, 83 and 84 of the code and when a warrant is issued by a competent court for execution beyond its local limits all that has to be done to make it effective is to follow the procedure prescribed in section 83 or section 84. the reference will stand answered as above.

Judgment:

ORDER

:

The Sub-Divisional Magistrate's view that he has no jurisdiction to issue a search warrant to search for a person wrongfully confined beyond the local limits of his jurisdiction is wrong. We are in full agreement with the view to that effect set out by the learned Sessions Judge in paragraph 4 of the reference order. Section 100, Criminal P. C. under which the application was made has to be read with Sections 101, 82, 83 and 84 of the Code and when a warrant is issued by a competent Court for execution beyond its local limits all that has to be done to make it effective is to follow the procedure prescribed in Section 83 or Section 84. The reference will stand answered as above.