Mundlapudi Durgaprasadarao and ors. Vs. C. Sundar Bhutt and anr. - Court Judgment
|Court||Chennai High Court|
|Case Number||Civil Revn. Petn. No. 1809 of 1948|
|Reported in||AIR1952Mad607; (1951)IMLJ290|
|Acts||Code of Criminal Procedure (CrPC) , 1898 - Sections 195(1) and 476; Indian Penal Code (IPC) - Sections 186|
|Appellant||Mundlapudi Durgaprasadarao and ors.|
|Respondent||C. Sundar Bhutt and anr.|
|Appellant Advocate||N. Subramaniam and ;R. Sitharam, Advs.|
|Respondent Advocate||Public Prosecutor|
- 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.
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.