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In Re: Ramjibhai Waghjibhai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Reference No. 83 of 1912
Judge
Reported in(1912)14BOMLR889; 17Ind.Cas.540
AppellantIn Re: Ramjibhai Waghjibhai
Excerpt:
.....and attachment issued against him were illegal. - - but upon the best consideration we can give to the matter, we take the same view as the learned sessions judge has expressed in his reference;1. there is no appearance in this case for the district magistrate though notice has been served upon him. in these circumstances we have not had the advantage of arguments in support of the sub divisional magistrate's proceedings. but upon the best consideration we can give to the matter, we take the same view as the learned sessions judge has expressed in his reference; and for the reasons there appearing we hold that the warrant, proclamation and attachment in this case were illegal. we, therefore, set them aside, and direct the attachment to be raised.
Judgment:

1. There is no appearance in this case for the District Magistrate though notice has been served upon him. In these circumstances we have not had the advantage of arguments in support of the Sub divisional Magistrate's proceedings. But upon the best consideration we can give to the matter, we take the same view as the learned Sessions Judge has expressed in his reference; and for the reasons there appearing we hold that the warrant, proclamation and attachment in this case were illegal. We, therefore, set them aside, and direct the attachment to be raised.


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