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Mahajan Sheikh and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in28Ind.Cas.672
AppellantMahajan Sheikh and anr.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 75 - warrant--seal of court. - 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:

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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