High CourtsSingle Bench

In Re: M.M. Muthalief

Madras High Court · Decided on 2 August 1971 · Citation: (1971) LW(Cri) 261

HON’BLE JUDGES
Somasundaram, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 87, 88
RESULT
Allowed
CASE NUMBER
Criminal R. C. No. 241 of 1971 (C.R. oN. 13/71)

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Judgment

6 paragraphs · 88 words

Somasundaram, J.

When Muthalif left India there was no warrant against him.

The warrant was issued only on 10th November 1970. On that day he was in Singapore. For taking proceedings under Ss. 87 and 88 of the Code

of Criminal Procedure, there must have been a warrant and for escaping this warrant, the concerned person should have absconded. This is not the

case here. The orders for attachment and proclamation are thus without jurisdiction They are set aside. The reference is accepted and the revision

is allowed.