Skip to content


Queen-empress Vs. Jugal Kishore - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All382
AppellantQueen-empress
RespondentJugal Kishore
Excerpt:
act xlv of 1860 (penal code), section 182 - prosecution under section 182--criminal procedure code, section 195. - .....and 'complaint' and i think that by the use of the former word it was contemplated that a prosecution may emanate from some person other than the officer interested. though i take this view of the matter now, it would in no way have altered the order i made in queen-empress v. radha kishan i.l.r. 5 all. 36 had i held it when that was passed, as, in my opinion, when a specific false charge is made, as in that case, the proper section for proceedings to be adopted under is section 211. with these remarks the record may be returned.
Judgment:

Straight, Offg. C.J.

1. I am glad that the learned Judge has reported this case, because it has afforded me an opportunity of considering my ruling in the case of Queen-Empress v. Radha Kishan I.L.R. 5 All. 36. Upon further consideration I have come to the conclusion that the latter portion of my judgment in that case was erroneous, and that a prosecution under Section 182 of the Penal Code may be instituted by a private person, provided that he first obtains the sanction of the public officer to whom the false information was given, or of his official superior. I am induced to adopt this altered view upon closer consideration of Section 195 of the Criminal Procedure Code, where a distinction is drawn between 'sanction' and 'complaint' and I think that by the use of the former word it was contemplated that a prosecution may emanate from some person other than the officer interested. Though I take this view of the matter now, it would in no way have altered the order I made in Queen-Empress v. Radha Kishan I.L.R. 5 All. 36 had I held it when that was passed, as, in my opinion, when a specific false charge is made, as in that case, the proper section for proceedings to be adopted under is Section 211. With these remarks the record may be returned.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //