warrant revalidation

jayachandran (Querist) 12 August 2009 This query is : Resolved
Dear Experts

I have a question. please answer with any citations, if available

A Chief Judicial Magistrate issued warrant appointing an Advocate Commissioner to take possession of a property, under Sec.14 of the SARFASI Act. The period mentioned in the warrant expired and not executed by the Advocate Commissioner
Can the CJM revalidate the warrant by extending the time retrospectively -or-
the CJM has to issue fresh warrant.
Similarly, whether the CJM can suspend the execution of warrant for say, one month or two months, for any reason. Is the CJM has the power to do so.
Kindly reply
I will be thankful and the answer will help me

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R.R. KRISHNAA (Expert) 13 August 2009
In my opinion,

(1) A expired warrant cannot be revalidated. Only a fresh warrant has to be issued by the CJM.

(2) Stating special reasons or circumstances which necessitate the temporary suspension of the execution of the warrant (for one or two months) can be done by the CJM.

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