GURAPPA GUGAL Vs. STATE OF MYSORE

JUDGEMENT

(1.) Identical point of law arises foe consideration in bath these revision petitions. Therefore both of them are disposed of by this common order.

(2.) The petitioners were involved on a charge of murder in Criminal Case No. 165/2 of 1967 on the file of the First Class Magistrate, Shorapur. Warrants were issued against them when it was stated by the police that they were absconding. Thereafter the Magistrate issued proclamations for the attachment of their property. Those proolamations are challenged by the petitioners in these revision petitions.

(3.) Mr. Hegde the learned Counsel for the petitioners submitted that the provision of Section 87 of the Code of Criminal Procedure is mandatory and a proclamation under that Section ought to have been issued specifying not less than thirty days from the date of publishing of the proclamation for the appearance of the petitioners before the Court. Bat the Magistrate has given thirty days time from the date of the proclamation which is evidently in contravention of the provision contained in Section 37 of the Code of Criminal Procedure.