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Sambasivanna Vs. Bhogappa and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad378a
AppellantSambasivanna
RespondentBhogappa and ors.
Excerpt:
criminal procedure code, section 210 - penal code, sections 352, 323--hurt--criminal force. - muttusami ayyar and tarrant, jj.1. having regard to the statement made by the complainant, we think that the complaint should have been treated as one of voluntary hurt. the second-class magistrate was therefore in error in treating it as one of criminal force and allowing it to be withdrawn.2. considering, however, that the complainant himself treated the violence used to him as amounting to criminal force, and that it is nearly three months since the complaint has been withdrawn, we are of opinion that no further proceedings in the case are necessary.
Judgment:

Muttusami Ayyar and Tarrant, JJ.

1. Having regard to the statement made by the complainant, we think that the complaint should have been treated as one of voluntary hurt. The Second-class Magistrate was therefore in error in treating it as one of criminal force and allowing it to be withdrawn.

2. Considering, however, that the complainant himself treated the violence used to him as amounting to criminal force, and that it is nearly three months since the complaint has been withdrawn, we are of opinion that no further proceedings in the case are necessary.


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