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In Re: Kontam Hampaiah and ors. - Court Judgment

LegalCrystal Citation
Subject criminal
CourtChennai
Decided On
Reported inAIR1944Mad575a
AppellantIn Re: Kontam Hampaiah and ors.
Excerpt:
- - the order of the sub-divisional magistrate is clearly without jurisdiction and is ordered to be set aside.orderbyers, j.1. this reference by the learned district magistrate of bellary arises out of an order for arrest directed by the sub-divisional magistrate of adoni under section 114, cri. p.c. as the learned district magistrate has pointed out in his order of reference, this section is applicable only to the stage prior to the service of the preliminary order under section 112 of the code and, it can have no application as a preventive measure after the counter-petitioners have appeared in order to show cause. if speedy remedy is considered desirable after appearance has been entered, there is section 117 (3) under which preliminary bonds can be taken, as they have been taken in this case, and pending their completion the counter-petitioners can be held in custody, or in default of.....
Judgment:
ORDER

Byers, J.

1. This reference by the learned District Magistrate of Bellary arises out of an order for arrest directed by the Sub-Divisional Magistrate of Adoni under section 114, Cri. P.C. As the learned District Magistrate has pointed out in his order of reference, this section is applicable only to the stage prior to the service of the preliminary order under Section 112 of the Code and, it can have no application as a preventive measure after the counter-petitioners have appeared in order to show cause. If speedy remedy is considered desirable after appearance has been entered, there is Section 117 (3) under which preliminary bonds can be taken, as they have been taken in this case, and pending their completion the counter-petitioners can be held in custody, or in default of execution they can be kept in custody until the inquiry is completed. The order of the Sub-Divisional Magistrate is clearly without jurisdiction and is ordered to be set aside. As the learned District Magistrate has already enlarged the counter-petitioners on bail no further orders in this respect are necessary.


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