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LANCELOT SANDERSON, THOMAS RICHARDSON, PANTON, N. R. CHATTERJEA, BUCKLAND
Government of Assam – Appellant
Versus
Sahebulla – Respondent
JUDGMENT
Lancelot Sanderson, C.J. - This is a Reference by two learned judges of this Court sitting as a Criminal Appeal Bench, and the question referred is--"If a Court u/s 90, Criminal Procedure Code, issues a warrant for the arrest of any person as therein specified but does not first record its reasons in writing, has the warrant so issued any legal force and effect?"
2. In my opinion it is necessary, and, at all events, advisable to state the facts which gave rise to this Reference. One Saifaiuddin took criminal proceedings against certain persons u/s 498 of the Indian Penal Code, alleging that such persons had enticed away Sanaka Bibi, who was alleged to be the complainant's wife. A warrant was issued by the Extra Assistant Commissioner, who was a First Class Magistrate, for the arrest of Sanaka Bibi in order that she might be brought before the Court as a witness in these proceedings. The warrant was in the following form:
To--The Police Officer in charge of thana Salmora.
3. Whereas complaint has been made before me that Kancha Sheik of Dimatola has committed the offence u/s 498, Indian Penal Code, and it appears likely that Sanaka Bibi of Dimatola can give evidence concerning
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