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Ganapathi Asari Vs. Kuppuswamy Asari - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1939Mad493; (1939)IMLJ614
AppellantGanapathi Asari
RespondentKuppuswamy Asari
Excerpt:
- orderlakshmana rao, j.1. the defamatory statement was made in the deposition of the petitioner as a witness in c.c. no. 193 of 1938 on the file of the sub-magistrate of chengam and the finding is that the statement in question was deliberately false. the offence committed would therefore fall under section 193 of the indian penal code which cannot be taken cognizance of without a complaint by the court and as laid down in appadurai nainar, in re : (1935)69mlj812 , parties cannot be allowed to evade the provisions of section 195(1)(b) of the criminal procedure code by filing a complaint under another provision of the indian penal code. the conviction and sentence of the petitioner under section 500 of the indian penal code are therefore set aside and the fine if levied will be refunded.
Judgment:
ORDER

Lakshmana Rao, J.

1. The defamatory statement was made in the deposition of the petitioner as a witness in C.C. No. 193 of 1938 on the file of the Sub-Magistrate of Chengam and the finding is that the statement in question was deliberately false. The offence committed would therefore fall under Section 193 of the Indian Penal Code which cannot be taken cognizance of without a complaint by the Court and as laid down in Appadurai Nainar, In re : (1935)69MLJ812 , parties cannot be allowed to evade the provisions of Section 195(1)(b) of the Criminal Procedure Code by filing a complaint under another provision of the Indian Penal Code. The conviction and sentence of the petitioner under Section 500 of the Indian Penal Code are therefore set aside and the fine if levied will be refunded.


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