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Mundlapudi Durgaprasadarao and ors. Vs. C. Sundar Bhutt and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCivil Revn. Petn. No. 1809 of 1948
Judge
Reported inAIR1952Mad607; (1951)IMLJ290
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 195(1) and 476; Indian Penal Code (IPC) - Sections 186
AppellantMundlapudi Durgaprasadarao and ors.
RespondentC. Sundar Bhutt and anr.
Appellant AdvocateN. Subramaniam and ;R. Sitharam, Advs.
Respondent AdvocatePublic Prosecutor
Excerpt:
- ordersomasundaram, j.1. no complaint for an offence under section 183, indian penal code can be filed by a court, as section 476, criminal procedure code app is only to case falling within section 195 (1) clauses (b) and (c) of the criminal procedure code. this excludes case falling under section 195 (1) clause (a) and section 195 (1) (a). the trial court there-fore cannot file this complaint as court.2. the complaint is therefore directed to be with-drawn. it is open to the amin or the principal subordinate judge as public servant to whom the amin is subordinate to file the complaint.
Judgment:
ORDER

Somasundaram, J.

1. No complaint for an offence under Section 183, Indian penal Code can be filed by a Court, as Section 476, Criminal Procedure Code app is only to case falling within Section 195 (1) Clauses (b) and (c) of the Criminal Procedure Code.

This excludes case falling under Section 195 (1) Clause (a) and Section 195 (1) (a). The trial Court there-fore cannot file this complaint as Court.

2. The complaint is therefore directed to be with-drawn. It is open to the Amin or the Principal Subordinate Judge as public servant to whom the Amin is subordinate to file the complaint.


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