Legal Provisions of Section 269 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Officer-in-charge of prison to abstain from carrying out order in certain contingencies:
The section provides a guideline for the officer-in-charge of the prison and lays down as to when he should or should not abstain from carrying out the order of the Court passed under Section 267 of the Code. An officer-in-charge of the prison may with the consent of the concerned Court, carry out the order under Section 267 of the Code issued by the subsequent Court.
ADVERTISEMENTS:
The Allahabad High Court has expressed a view that mere fact that committal proceedings are pending in respect of same accused at same Court at another place does not debar the jurisdiction of the Magistrate at a subsequent place of crime, to pass an order under Section 267 Cr.P.C.
Thus where a person accused of murder at Faizabad, while on bail, committed another murder at Lucknow and got his bail cancelled and got himself confined in Faizabad jail under remand under Section 309, Cr PC. He challenged the validity of the Lucknow Magistrate’s order passed under Section 267 on the ground that he was already confined in Faizabad jail pending committal. The Court held that the order of the Lucknow Magistrate passed under Section 267 did not suffer from any infirmity and was therefore, a valid order.
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