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Tirloki Nath Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in100Ind.Cas.381
AppellantTirloki Nath
RespondentEmperor
Excerpt:
criminal trial - decision of case on special oath of complainant, legality of. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute. - 1. one banwari lai complained against tirloki nath, under section 352 of the indian penal code. 2. neither the accused's father nor the complainant's son were parties to the case and i fail to see how any magistrate could have acted in the way that this learned magistrate did......judgment is:accused's father says that if complainant swears on ganges water that he has not abused his father the case is finished.2. neither the accused's father nor the complainant's son were parties to the case and i fail to see how any magistrate could have acted in the way that this learned magistrate did. there is no provision of any law, and it seems to me against common sense, to decide a case in the way that this magistrate did. i accept the reference. as the case is a trivial one i direct the record to be returned. no further action need be taken in the matter.
Judgment:

Banerji, J.

1. One Banwari Lai complained against Tirloki Nath, under Section 352 of the Indian Penal Code. The case was tried summarily by the District Magistrate of Meerut, but the proceedings adopted by him are curious. What he says in his judgment is:

Accused's father says that if complainant swears on Ganges water that he has not abused his father the case is finished.

2. Neither the accused's father nor the complainant's son were parties to the case and I fail to see how any Magistrate could have acted in the way that this learned Magistrate did. There is no provision of any law, and it seems to me against common sense, to decide a case in the way that this Magistrate did. I accept the Reference. As the case is a trivial one I direct the record to be returned. No further action need be taken in the matter.


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