Mahajan Sheikh Vs. Emperor

Mahajan Sheikh vs Emperor

Type Court Judgment Court Kolkata Decided Oct 13, 1914

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Citation: sooperkanoon.com/858521
Court: Kolkata
Judge: Jenkins, C.J. and ;Teunon, J.
Decided On: Oct 13, 1914
Subject: Criminal

Case Summary

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

Warrant, validity of - Warrant, signed but not sealed--Arrest under such warrant--Rescue and escape from lawful custody--Criminal Procedure Code (Act V of 1898), Section 75 (1)--Penal Code (Act XLV of 1860), Section 225 B. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Mahajan Sheikh

Respondent

Emperor

Legal References

Reported In: AIR1915Cal787,(1915)ILR42Cal708

Excerpt

warrant, validity of - warrant, signed but not sealed--arrest under such warrant--rescue and escape from lawful custody--criminal procedure code (act v of 1898), section 75 (1)--penal code (act xlv of 1860), section 225 b. - jenkins, c.j. and teunon, j.1. under section 75 of the code of criminal procedure the seal of the court is essential to the validity of a warrant. the absence of a seal in this case made the warrant void and there, consequently, was no legal arrest. we, therefore, make the rule absolute. if the petitioners are on bail, the bail will be discharged; if in custody, they will be released.

Full Judgment

Jenkins, C.J. and Teunon, J.

1. Under Section 75 of the Code of Criminal Procedure the seal of the Court is essential to the validity of a warrant. The absence of a seal in this case made the warrant void and there, consequently, was no legal arrest. We, therefore, make the Rule absolute. If the petitioners are on bail, the bail will be discharged; if in custody, they will be released.

Same Parties Mahajan Sheikh vs Emperor Same Subject Criminal Same Judge Jenkins, C.J. and ;Teunon, J.

Criminal