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Hiralal Chandra Poddar and ors. Vs. Jogendra Nath Laskar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in83Ind.Cas.481
AppellantHiralal Chandra Poddar and ors.
RespondentJogendra Nath Laskar
Excerpt:
penal code (act xlv of 1860), sections 225b, 353 - execution of warrant--absence of name of person to be arrested--assault--rescue--offence. - order1. we accept the reference for it appears that the warrant does not contain the name of hiralal who was to be apprehended thereunder except in a heading where he is described as a party to a suit which is non-existent. under the circumstances, the warrant clearly was bad and we accept the reference on that ground and set aside the conviction and sentence of the accused.2. the bail-bonds are vacated.
Judgment:
ORDER

1. We accept the Reference for it appears that the warrant does not contain the name of Hiralal who was to be apprehended thereunder except in a heading where he is described as a party to a suit which is non-existent. Under the circumstances, the warrant clearly was bad and we accept the Reference on that ground and set aside the conviction and sentence of the accused.

2. The bail-bonds are vacated.


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