High CourtsDivision Bench(1934) 01 MAD CK 0003

(Yedama) Subbaramiah vs Emperor

Madras High Court · Decided on 5 January 1934 · Citation: AIR 1934 Mad 206

HON’BLE JUDGES
Bardswell, J

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Judgment

5 paragraphs · 128 words

Bardswell, J.—The conviction of the petitioner for offences punishable u/s 325-B and 353, I. P. C. and the sentences therefor must be set

aside. The warrant o� arrest the execution of which was resisted by the petitioner is clearly an illegal one. The warrant of arrest was signed by

the Deputy Nazir an officer who had not been empowered legally or given any lawful authority to sign warrants, and the fact that it had been the

practice for a considerable time for such warrants to be signed by the Deputy Nazir cannot make the signing of them by that officer legal in the

absence of due authorization. The petitioner who has been admitted to bail is acquitted and set at liberty and his bail bond will be discharged.