AI Overview...
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Warrant Legality and Seal Requirement - Warrant issued without the court's seal is considered illegal under Criminal Procedure Code (Cr.P.C.) Sec. 75 and Penal Code Secs. 225(b), 353. Courts have consistently held that absence of a seal invalidates the warrant (01701960173).
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Procedure for Issuance of Warrants - Proper procedure must be followed for issuing warrants, especially in extradition cases. Magistrates' prescribed procedures are mandatory to ensure validity, and warrants must be issued in accordance with the law (02100062685).
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Anticipatory and Non-bailable Warrants - Sec. 438 Cr.P.C. allows for anticipatory bail, but the court emphasizes that arrest must be substantiated, and warrants, especially non-bailable ones, require proper legal grounds. Courts have issued directions to ensure warrants are issued and executed lawfully (IND_HC_KLHC010053022007, 01900003337, 01701996138).
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Execution of Warrants - Warrant execution involves effecting arrest as per Chapter VI of Cr.P.C., particularly Sec. 81. Arrest should only be made following the proper legal process; warrants cannot be used to evade due process (01900003337).
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Legal Constraints on Arrests - Cr.P.C. Sec. 438 is not meant to enable accused persons to avoid arrest or due process. Accused must surrender and seek regular bail if applicable. Arrest warrants must be issued following legal procedures, and their misuse or issuance without proper grounds renders them illegal (01701996138).
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Special Provisions for Displaced Persons - Under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, Sec. 30 exempts displaced persons from arrest or imprisonment for recovery of loans, and warrants issued in such cases may be quashed if found invalid (02300014586).
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Warrants in Specific Cases - Warrants issued under Sec. 482 or for bail purposes must comply with procedural requirements. The High Court can issue warrants under Sec. 482, but such warrants must be issued lawfully, and failure to do so affects their validity (01300008397, 00500012069).
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Issuance of Warrants for Bailable Offenses - For bailable offenses like under Section 138 of the Negotiable Instruments Act, warrants must be issued properly; issuing non-bailable warrants prior to bail is invalid (02100027991).
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Police Authority to Arrest - Police officers require specific legal authority and proper procedure, including warrants, to arrest individuals. Arrest without warrant is only permissible under certain conditions, which must be satisfied as per law (01300000296).
Analysis and Conclusion:
The validity of a warrant of arrest under Sec. 9 H (likely referring to a specific legal context) hinges on strict adherence to procedural requirements, including proper issuance by authorized magistrates, presence of necessary seals, and lawful grounds for arrest. Warrant illegality, such as absence of a court seal or issuance without following due process, results in invalid arrest actions. Courts emphasize that warrants must be issued and executed in accordance with the law to uphold constitutional and procedural safeguards, preventing misuse or arbitrary arrests.
Search Results for "Sec 9 H m a Warrant Arrest"
1960 0 Supreme(Raj) 177 • India - Rajasthan
RANAWAT, BHANDARI
(a) Criminal P.C., Sec. 75— Absence of seal on warrant—Warrant illegal. ... (b) Penal Code, Secs. 225(b) and 353—Absence of seal on warrant—Warrant illegal. ... Bhullikhan Mansabkhan (9), a warrant of arrest under C. P. Land Revenue Act for the recovery of land revenue was issued which did not bear the seal of the court. ... In a number of cases, it has been held by the various High Courts in India that absence of a seal on a warrant#HL_END....
2011 0 Supreme(Mad) 1154 • India - Madras
G.M.AKBAR ALI
It highlighted the procedure for extradition, the conditions for arrest of a fugitive criminal, and the limitations of Sec.41(1)( ... Issues: The main issue was whether the arrest and proceedings under Sec.41(1)(g) of Cr.P.C were valid based on the red alert ... It emphasized the need for following the procedure prescribed for a Magistrate for the issuance of a warrant in extradition cases ... In that event, the respondent is to follow the procedure prescribed for a Magistrate for issuance of #HL_START....
2007 Supreme(Online)(KER) 38343 • India - High Court of Kerala
R.BASANT, J
Ratio Decidendi: In invoking Sec. 438 of the Cr.P.C., the court emphasized that anticipation of arrest must be substantiated ... A non-bailable warrant has been issued against him due to this situation. ... Whether the petitioner is entitled to seek anticipatory bail under the circumstances of the case, especially after a non-bailable warrant ... Following directions are issued under Sec.438 of the Cr.P.C: (i) The warrant of arrest issued against the petitioner shall....
1998 0 Supreme(J&K) 233 • India - Jammu and Kashmir
A.M.MIR
Courts will have to be guided by the law as laid down in sec. 13 and not by what State in the counter pleads qua the execution of ... warrant of arrest under Code of Criminal Procedure. ... Chapter VI of the Code lays down the manner in which warrant of arrests are executed. What this chapter, especially section 81 envisages, is that effecting of arrest of the person means execution of the warrant of arrest. ... 6. ... It only provides that a detenti....
1996 0 Supreme(Raj) 229 • India - Rajasthan
R.R.YADAV
P.C. is not meant to assist an accused person to avoid due process of law or to evade arrest in persuant to non-bailable warrant ... (Para 9) ... It is well to remember that Sec. 438 Cr. ... In such a situation accused person must surrender before court which has issued non-bailable warrant against him and seek regular ... It is well to remember that Sec. 438 Cr. P.C. is not meant to assist an accused person to avoid due process of law or to evade arrest in persuant t....
1959 0 Supreme(P&H) 134 • India - Punjab and Haryana
I.D.DUA
PROHIBITION - SECTION 30 OF THE ACT EXEMPTS DISPLACED PERSONS FROM ARREST OR IMPRISONMENT FOR RECOVERY OF LOANS - WARRANT OF ARREST ... Final Decision: The court allowed the petition and quashed the warrant of arrest. ... DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954 - SECTION 30 - ARREST WARRANT - ISSUANCE FOR RECOVERY OF LOANS - ... Mehra has today produced the warrant of arrest which had been issued from a sum o....
1998 0 Supreme(Guj) 444 • India - Gujarat
R.K.ABICHANDANI, A.L.DAVE, M.S.PARIKH
Solanki, 1994 (1) G.L.R. 581, could have been issued under Sec. 482 of the Code by the High Court to the ... warrant of arrest and grant bail to him. ... It was also submitted that the provisions of Sec. 390 of the Code would operate only when the High Court wanted to issue a warrant of arrest and in case where the High Court chooses not to issue a warrant of arrest, the question of securing the presence of the accused would still remain. ... arises ....
• India - Crimes
R.K.ABICHANDANI, M.S.PARIKH, A.L.DAVE
Solanki, 1994 (1) G.L.R. 581, could have been issued under Sec. 482 of the Code by the High Court to the ... issue warrant of arrest and grant bail to him. ... It was also submitted that the provisions of Sec. 390 of the Code would operate only when the High court wanted to issue a warrant of arrest and in case where the High Court chooses not to issue a warrant of arrest the question of securing the presence of the accused would still remain. ... by....
2004 0 Supreme(Mad) 393 • India - Madras
A.K.RAJAN
warrant held illegal. ... to be issued forest because offence u/s 138 is a bailable offence-Issuance of non-bailable warrant prior to issuance of bailable ... Code of Criminal Procedure, 1973-Sections 70, 71 and 87, Negotiable Instruments Act, 1881-Section 138-Dishonour of cheque-Bailable warrant ... of warrant of arrest. ... ... 9.When and how warrant of arrest is to be issued: The learned counsel for the petitioner next submitted that as per #HL_S....
1962 0 Supreme(Guj) 56 • India - Gujarat
V.B.RAJU
Code for two reasons :- (1) It does not enable any police officer to arrest without a warrant but only enables the police officer particularised in that section to arrest without a warrant; and (2) it does not authorise a police officer to arrest without a warrant unless certain requirements are satisfied ... It is only when these requirements are satisfied that a police officer to whom a general order in writing has been issued or a special warrant has been issued ma....
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