Rajasthan Court May 1955 Judgments

Sujan Singh Vs. the State of Ajmer

Court: Rajasthan

Reported in: 1956CriLJ356

ORDERNigam, J.C.1. Sujan Singh has filed this application under Sections 435, 439, 491 and 498, Cri P.C. In this application, I have heard the learned Counsel for the applicant and the learned Assistant Public Prosecutor.2. There are certain interesting questions of law which were raised by the learned Counsel for the applicant. They are whether the learned Sub-Divisional Magistrate had, without taking cognizance of the case, any jurisdiction to issue a warrant for the arrest of the applicant and whether he had any legal authority to (take the applicant in custody on 27-4-1955. The learned Assistant Public Prosecutor has also raised the question whether the learned Sessions Judge of Pali had any jurisdiction under Section 498, Cri P. C to grant bail, inasmuch as the accused was not wanted in a case of which any court subordinate to him was seized, except for the limited purpose of sending him on bail to the court at Beawar.He has also urged that the learned Sessions Judge though he gra...