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Karamatullah and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in55Ind.Cas.852
AppellantKaramatullah and anr.
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 183 - attachment of property--warrant not signed by judge--removal of property--offence. - walsh, j.1. i accept the reference in this case and direst that the convictions be quashed and the fines, if paid, be refunded.2. with reference to the practice mentioned by the magistrate, the attention of the district magistrate should be drawn to the matter and some circular issued to prevent the repetition of this mistaken practice, so that warrants may be signed in accordance with the provisions of the coda in future.
Judgment:

Walsh, J.

1. I accept the reference in this case and direst that the convictions be quashed and the fines, if paid, be refunded.

2. With reference to the practice mentioned by the Magistrate, the attention of the District Magistrate should be drawn to the matter and some circular issued to prevent the repetition of this mistaken practice, so that warrants may be signed in accordance with the provisions of the Coda in future.


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