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Issues:
1. Validity of warrant without court seal under Sections 353 and 225B I.P.C. 2. Legal implications of the absence of a seal on a warrant of arrest. Analysis: 1. The case involved the accused Pangir who was convicted for obstructing a police officer and rescuing a person from custody based on a warrant issued without a court seal. The appeal contended that the absence of the seal on the warrant made the actions of the accused not punishable under Sections 353 and 225B I.P.C. Various legal precedents were cited to argue the mandatory nature of the seal on a warrant issued under Section 75 of the Code of Criminal Procedure. The absence of a seal was considered fatal for the validity of the warrant, rendering obstruction to its execution not punishable by law. The court examined past judgments to establish the significance of the seal on a warrant and its impact on the legality of arrests and subsequent actions. 2. Several cases were referenced to support the argument that a warrant lacking a court seal is considered void, making any resistance or obstruction to its execution not punishable under relevant sections of the Indian Penal Code. The court highlighted judgments where arrests were deemed illegal due to the absence of a seal on warrants, leading to the release of the accused individuals. The legal analysis focused on the requirement of a seal on warrants for their validity, emphasizing that the lack of a seal undermines the legality of arrests and actions taken under such warrants. The judgment clarified that the defect of a missing seal on a warrant is crucial for determining the legality of arrests and the subsequent liability of individuals involved in obstructing its execution. 3. The court also addressed the issue of the accused's conviction under Section 147 I.P.C. despite the defect in the warrant. It was argued that the conviction under Section 147 I.P.C. for using criminal force and assaulting a police officer in rescuing a person from custody could stand even if the warrant was deemed illegal due to the absence of a seal. The judgment analyzed the evidence regarding the accused's participation in the offense, ultimately upholding the conviction under Section 147 I.P.C. while setting aside the convictions under Sections 353 and 225B I.P.C. The court considered the period of imprisonment already served by the accused and adjusted the sentence accordingly to meet the ends of justice. 4. In conclusion, the court partially allowed the reference, setting aside the convictions under Sections 353 and 225B I.P.C., maintaining the conviction under Section 147 I.P.C., and adjusting the sentence based on the time already served by the accused. The judgment underscored the critical importance of a court seal on warrants for their validity and the legal consequences of warrants issued without such a seal, particularly in cases involving arrests and subsequent criminal actions.
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