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Mahajan Sheikh Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal787,(1915)ILR42Cal708
AppellantMahajan Sheikh
RespondentEmperor
Excerpt:
warrant, validity of - warrant, signed but not sealed--arrest under such warrant--rescue and escape from lawful custody--criminal procedure code (act v of 1898), section 75 (1)--penal code (act xlv of 1860), section 225 b. - jenkins, c.j. and teunon, j.1. under section 75 of the code of criminal procedure the seal of the court is essential to the validity of a warrant. the absence of a seal in this case made the warrant void and there, consequently, was no legal arrest. we, therefore, make the rule absolute. if the petitioners are on bail, the bail will be discharged; if in custody, they will be released.
Judgment:

Jenkins, C.J. and Teunon, J.

1. Under Section 75 of the Code of Criminal Procedure the seal of the Court is essential to the validity of a warrant. The absence of a seal in this case made the warrant void and there, consequently, was no legal arrest. We, therefore, make the Rule absolute. If the petitioners are on bail, the bail will be discharged; if in custody, they will be released.


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