IN RE RAMANATH BHOLGOTHRA (OF JAMMU) Vs. STATE

JUDGEMENT

(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 :

(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 :