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In Re: Maganlal Khemchand - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Reference No. 13 of 1918
Judge
Reported inAIR1918Bom151; (1918)20BOMLR600
AppellantIn Re: Maganlal Khemchand
Excerpt:
village police act (bom. act viii of 1867), section 15-polite patel-trial of case oil, commission-power to fine complainant-false complaint.;a police patel. to whom a commission has been issued under section 15 of the village police act, 1867, has no power to inflict any fine on the complainant for bringing a false complaint. - 1. we think that under the village police act the police patel, to whom a commission has been issued under section 15 of the act, has no power to inflict any fine on the complainant for a false complaint.2. we, therefore, set aside the order made by the village patel directing the complainant to pay a fine of rupees two, and direct the fine to be refunded to the complainant.
Judgment:

1. We think that under the Village Police Act the Police Patel, to whom a commission has been issued under Section 15 of the Act, has no power to inflict any fine on the complainant for a false complaint.

2. We, therefore, set aside the order made by the Village Patel directing the complainant to pay a fine of rupees two, and direct the fine to be refunded to the complainant.


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