RUDOLF STALLMANN Vs. EMPEROR

JUDGEMENT

(1.) This is an application under Section 15 of the High Courts Act, 1861, in respect of certain proceedings under the Indian Extradition Act, 1903, pending before the District. Magistrate of the 24-Pergannahs, at Alipore, against the petitioner Rudolf Stallmann alias Rudolf Von Konig, who was originally arrested on board the S.S. "Caspian" as the steamer wafe coming up the river Hooghly on her way to the Port of Calcutta on the 26th April, 1911.

(2.) The proceedings are in apparent compliance with the Extradition Act, but we are invited tissue a Rule, and to call up all the papers of the case, in order to quash the proceedings on two grounds: (i) that the District Magistrate of the 24-Pergannalis has no jurisdiction in the matter, and (ii) that there is no legal evidence before the District Magistrate to justify the detention of the petitioner.

(3.) We have carefully considered this application since hearing learned Counsel yesterday, and, in our opinion, we have no jurisdiction in the matter.