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In Re: K.K.N. Mallick - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Case NumberCriminal Misc. Petn. No. 2244 of 1949
Judge
Reported inAIR1950Mad307
ActsExtradition Act, 1903 - Sections 3 and 9
AppellantIn Re: K.K.N. Mallick
Appellant AdvocateB.T. Sundararajan, Adv.
Respondent AdvocateK. Veerasami, Adv. for Advocate-General and ; G. Gopinath, Adv. for Crown Prosecutor
DispositionPetition allowed
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.
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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