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(Yedama) Subbaramiah Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1934Mad206
Appellant(Yedama) Subbaramiah
RespondentEmperor
Excerpt:
- orderbardswell, j.1. the conviction of the petitioner for offences punishable under section 325-b and 353, i. p. c. and the sentences therefor must be set aside. the warrant o arrest the execution of which was resisted by the petitioner is clearly an illegal one. the warrant of arrest was signed by the deputy nazir an officer who had not been empowered legally or given any lawful authority to sign warrants, and the fact that it had been the practice for a considerable time for such warrants to be signed by the deputy nazir cannot make the signing of them by that officer legal in the absence of due authorization. the petitioner who has been admitted to bail is acquitted and set at liberty and his bail bond will be discharged.
Judgment:
ORDER

Bardswell, J.

1. The conviction of the petitioner for offences punishable under Section 325-B and 353, I. P. C. and the sentences therefor must be set aside. The warrant o arrest the execution of which was resisted by the petitioner is clearly an illegal one. The warrant of arrest was signed by the Deputy Nazir an officer who had not been empowered legally or given any lawful authority to sign warrants, and the fact that it had been the practice for a considerable time for such warrants to be signed by the Deputy Nazir cannot make the signing of them by that officer legal in the absence of due authorization. The petitioner who has been admitted to bail is acquitted and set at liberty and his bail bond will be discharged.


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