TMI Blog1933 (10) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... en committed within the limits of the Sirmoor State by the applicant, Sandal Singh. It was addressed to the District Magistrate of Dehradun, who was directed to arrest him and deliver him to the Sirmoor State authorities. On receipt of this warrant the District Magistrate forwarded it to the Superintendent of Police, presumably for taking necessary action. But the applicant was not arrested till 27th June 1933 when, on furnishing security, he was released on bail the next day. In the meantime he had made an application to the High Court in revision praying that all the proceedings be quashed. A learned Judge of this Court ordered notices to issue and also directed that the extradition proceedings be stayed. When the case came up before anot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 8-A and report the case to the Local Government. There does not appear to be any provision in the Extradition Act which would authorise the District Magistrate himself to enquire into the legality, much less the propriety, of the warrant and then to refuse to execute it on the ground that in his opinion the warrant had been wrongly issued. 3. Section 7(2) also directs that the warrant, shall be executed in the manner provided by the law for the time being in force with reference to the execution of warrants. Similarly, Sub-section (3) makes the provisions of the Code of Criminal Procedure' applicable to proclamations and attachments in the case of an accused who is absconding. Obviously therefore the provisions of Ch. 6, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... banding over the accused to the State authorities. The endorsement of the District Magistrate on the warrant forwarding it to the Superintendent of Police or the arrest made under the directions of the Superintendent of Police would therefore not be any proceeding of an inferior criminal Court and would merely be an executive act, and we would therefore not have jurisdiction to interfere with the proceeding on the revisional side It also seems that if the Superintendent of Police in the case of a bailable warrant, or a Magistrate, when reporting the case to the Local Government allows the accused to be released on bail, he is not even then acting judicially. 4. In the case of Gullu Sahu v. Emperor A.I.R. 1915 Cal. 426, Jenkins, C.J., and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedure relating to the execution of warrants that the proceeding can be regarded as a judicial proceeding or a proceeding of an inferior criminal Court. The application on the revisional side must therefore fail. We have however no doubt that when an accused person prays for time to allow him an opportunity to move the High Court under Section 491, Criminal P.C., a Magistrate would favourably consider such an application. But Section 491(1), Criminal P.C., empowers the High Court, whenever it thinks fit, to direct first among other things, that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law and that a person illegally or improperly detained in public or priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was the duty of the accused to send copies of the accounts daily and monthly and also to render accounts at the headquarters of the State. But there is no suggestion that he had to maintain accounts at any place within the territorial limits of the State. According to the affidavit filed by the Assistant Secretary to His Highness the Maharaja when the accounts of 1930-32 submitted by the accused were duly audited, some items were found to have been misappropriated and the accounts vim discovered to have been falsified on which some legal steps were taken against him. It is the case of the State that in all about ₹ 17,000 comprising several items were embezzled by the accused and to avoid detection he falsified the accounts. But all th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s suggested on behalf of the State that the accused received on 15th March 1932 a sum of ₹ 39-7-0 from some banker as price of tea, either supplied or to be supplied, which he kept in his pocket and did not credit to the State account. Obviously if he received such amount as price of the tea sold it was his duty to credit it when he returned to Dehra Dun and to enter it in the accounts kept there. The omission to credit this amount in the Dehra Dun treasury or to make an entry in respect of it in the account books would be an offence committed at Dehra Dun only. 7. In spite of the fact that the State authorities got an opportunity to file an affidavit in reply to the affidavit filed by the applicant, we have no materials before us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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