IN RE RAMANATH BHOLGOTHRA (OF JAMMU) Vs. STATE
HIGH COURT OF MADRAS
In Re Ramanath Bholgothra (Of Jammu)
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SOMASUNDARAM, J. -
(1.) THE above two petitions relate to the arrest of one Ramanath Bholgothra of the State of Jammu and Kashmir. He was taken into custody by the Madras Police on 6.2.1953 and released on bail by an order of this Court dated 11.2.1953. At the time of the arrest the only information which the Madras Police had was a communication from the Hyderabad Police to the Madras Police that the person was wanted by the Jammu and Kashmir Police. The Madras Police arrested him under Section 54, Criminal Procedure Code, and, as already stated, he was released on bail on order of this Court dated 11.2.1953. After the release he made an application to the Chief Presidency Magistrate on 26.2.1953 for cancellation of the bonds executed by him and the sureties. As bail was granted by this Court, the Chief Presidency Magistrate declined to cancel the bonds holding that he had no power to do so and referred the petitioner to this Court. Against this order the petition Crl. R.C. No. 206 of 1953 is preferred for cancellation of the bonds. In the meantime, a warrant for the arrest of Ramanath Bholgothra issued by the Additional District Magistrate of Jammu in Kashmir State has been received by the Commissioner of Police, Madras city. The State Prosecutor has made an application in Crl. M.P. No. 371 of 1953 for the cancellation of the bail granted to the said person and for permission to arrest. After notice to the other side both the applications were heard together.
(2.) THE warrant that has been issued by the Additional District Magistrate of Jammu is in Urdu and a translation of it was furnished by the State Prosecutor. I had it translated in English by the Court translator also, and according to the Court translation the warrant reads as follows :
"Judicial 315/1 For the arrest of accused Warrant for the arrest of accused In the Court of the Additional District Magistrate, Jammu The State Vs Ramnath and others. Offence under Section 40 (7) of the Public Security Act, 1934 (?) Jammu -Kashmir Defence Act To Court Inspector, Jammu One Mussamath Ram Nith Bhalgotra, Advocate, son of Amarnath, Khatri by caste, resident of Jammu is charged for the aforesaid offence. Therefore, you are hereby ordered to cause the arrest of the said Ramnath Bholgothra, Advocate, Jammu, and to produce him before me. You are hereby warned to carry out this. Dated 2nd Bhogi ..... .... .... .... (?) - Signature From The Commissioner of Police, Jammu The original is retained for the purpose of keeping on the file 2 -11 Sd. (in English)"
It is clear from the terms of the warrant that it is addressed to the Court Inspector, Jammu. This has been forwarded to the Commissioner of Police, Madras, by the Inspector General of Police, Jammu and Kashmir Government with a covering letter. The Commissioner of Police thereupon entrusted it to the Inspector of Police for execution. The warrant is now sought to be executed after getting the bail granted to Ramanath Bholgothra cancelled.
(3.) THE procedure which governs the execution of such warrants is laid down in Section 93 -A, Criminal Procedure Code Clause (3) of Section 93 -A relates to warrants issued by an external Court and it is as follows :
"(3) Where an internal Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person, issued by an external Court, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another internal Court for service or execution within the local limits of its jurisdiction; and Where any such warrant of arrest has been so executed the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by Sections 85 and 86."
That the Court of the Additional District Magistrate, Jammu and Kashmir is an external Court within the meaning of the Criminal Procedure Code is not disputed. Such a warrant can be executed only by the internal Court when it is received by it for execution. The warrant shows that it is addressed only to the Court Inspector, Jammu, and it is not addressed to any internal Court within the meaning of that term contained in Section 93 -A.
It is contended by the State Prosecutor that by the covering letter of the Inspector General of police, Jammu and Kashmir Government the warrant has been received by the Commissioner of Police and as under Section 7 of the City Police Act, he is a Presidency Magistrate, he must be considered to be a Court within the meaning of Section 93 -A of the Code, and therefore, the Commissioner of Police in his capacity as a Presidency Magistrate can execute the warrant.;
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