State Vs. Kochukochu Bhaskaran

State vs Kochukochu Bhaskaran

Type Court Judgment Court Kerala Decided Jun 30, 1953

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Citation: sooperkanoon.com/717909
Court: Kerala High Court
Judge: Koshi, C.J. and; Vithayathil, J.
Decided On: Jun 30, 1953
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

State

Respondent

Kochukochu Bhaskaran

Legal References

Reported In: 1954CriLJ289

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.

Full 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.

Same Parties State vs Kochukochu Bhaskaran Same Subject Criminal Same Judge Koshi, C.J. and; Vithayathil, J.

Criminal