Mahajan Sheikh vs Emperor on 13 October, 1914

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Calcutta High Court
Mahajan Sheikh vs Emperor on 13 October, 1914
Equivalent citations: (1915) ILR 42 Cal 708
Author: J A Teunon
Bench: Jenkins, Teunon

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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