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Saharulla Chowdhury and ors. Vs. Kendua Santhal - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in42Ind.Cas.729
AppellantSaharulla Chowdhury and ors.
RespondentKendua Santhal
Excerpt:
warrants issued for arrest of absconders, subsequently recalled - district magistrate, power of, to re-issue warrants--further enquiry. - 1. we think that this rule must be made absolute. the procedure adopted by the magistrate was wrong. authority in support of this proposition is to be found in guru charan aich in the matter of the petition of 1 c. w. n. 650. it appears to us that the course open to the magistrate was to order a further enquiry; and, after he had made such an order, he might have proceeded as the circumstances of the case justified. but, without taking any such steps, by simply ordering the re-issuing of the warrants, he exceeded his authority. the bail bonds of the petitioners who are out on bail will be discharged.
Judgment:

1. We think that this Rule must be made absolute. The procedure adopted by the Magistrate was wrong. Authority in support of this proposition is to be found in Guru Charan Aich In the matter of the petition of 1 C. W. N. 650. It appears to us that the course open to the Magistrate was to order a further enquiry; and, after he had made such an order, he might have proceeded as the circumstances of the case justified. But, without taking any such steps, by simply ordering the re-issuing of the warrants, he exceeded his authority. The bail bonds of the petitioners who are out on bail will be discharged.


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