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Chotey Lal Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1917All329; 39Ind.Cas.848
AppellantChotey Lal
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 193, 476 - false statement, non-specification of, in charge--irregularity. - - 1. while i think that in every case, whether under section 195 or section 476 of the code of criminal procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, i am not prepared to hold that the non-specification of the statament is a material irregularity.george knox, j.1. while i think that in every case, whether under section 195 or section 476 of the code of criminal procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, i am not prepared to hold that the non-specification of the statament is a material irregularity. the law does not, so far as i can find out, require that the statement should be set out, and in the present case there can be no room for doubt what is the statement which the accused person has to meet. i dismiss the application with costs.
Judgment:

George Knox, J.

1. While I think that in every case, whether under Section 195 or Section 476 of the Code of Criminal Procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, I am not prepared to hold that the non-specification of the statament is a material irregularity. The law does not, so far as I can find out, require that the statement should be set out, and in the present case there can be no room for doubt what is the statement which the accused person has to meet. I dismiss the application with costs.


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