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In Re: K.K.N. Mallick

Disposition Petition allowed Court Chennai Decided Sep 14, 1949
~1 min read
https://sooperkanoon.com/case/786556

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Citation
Court
Chennai
Judge
Decided On
Case Number
Criminal Misc. Petn. No. 2244 of 1949
Subject
Criminal
Disposition
Petition allowed

Case Summary

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

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Key legal issue
Criminal
Outcome / disposition
Petition allowed
Acts & sections
Extradition Act, 1903 - Sections 3 and 9

Parties & Advocates

Appellant / Petitioner

In Re: K.K.N. Mallick

Advocate B.T. Sundararajan, Adv.

Respondent

Advocate K. Veerasami, Adv. for Advocate-General and ; G. Gopinath, Adv. for Crown Prosecutor

Legal References

Acts
Extradition Act, 1903 - Sections 3 and 9
Reported In
AIR1950Mad307

Excerpt

- ordersomasundaram, j.1. there is no political agent now in mysore. therefore section 9, extradition act, applies as it is stated that the requisition of the state is under section 9 of the act, which attracts the provisions of section 3 of the act. the magistrate must therefore follow the provisions of section 3 of the act. it is conceded it has not been followed in this case. i therefore quash the proceedings in the case and direct the magistrate to follow the provisions of section 3 of the act.

Full Judgment

ORDER

Somasundaram, J.

1. There is no political agent now in Mysore. Therefore Section 9, Extradition Act, applies as it is stated that the requisition of the State is under Section 9 of the Act, which attracts the provisions of Section 3 of the Act. The Magistrate must therefore follow the provisions of Section 3 of the Act. It is conceded it has not been followed in this case. I therefore quash the proceedings in the case and direct the Magistrate to follow the provisions of Section 3 of the Act.

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