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Kashi Prasad Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1926All141
AppellantKashi Prasad
RespondentEmperor
Excerpt:
- .....the applicant kashi prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. the learned trying magistrate ordered the accused to pay rs. 50 as compensation. the contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the decision in the case of ram singh v. mathura (1912) 34 all 354. that case was however decided under the old code of criminal procedure. the alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. the complaint in the present instance has been found to have been false and brought on account of enmity, and section 250, criminal p.c., justified the magistrate.....
Judgment:

Kanhaiya Lal, J.

1. The applicant Kashi Prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. The learned Trying Magistrate ordered the accused to pay Rs. 50 as compensation. The contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the decision in the case of Ram Singh v. Mathura (1912) 34 All 354. That case was however decided under the old Code of Criminal Procedure. The alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. The complaint in the present instance has been found to have been false and brought on account of enmity, and Section 250, Criminal P.C., justified the Magistrate in awarding compensation under the circumstances. The application is rejected.


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