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Ramaswami Konar Vs. Nachiar Ammal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1940)2MLJ491
AppellantRamaswami Konar
RespondentNachiar Ammal
Excerpt:
- orderlakshmana rao, j.1. the complaint of defamation is founded on allegations in a petition and sworn statement to the sub-divisional magistrate and the allegations are stated to be false. the offence committed would therefore fall under section 182 or section 193 of the indian penal code and as held in re appadurai nainar : (1935)69mlj812 , parties cannot be allowed to eyade the provisions of section 195 of the code of criminal procedure by filing a complaint under another provision of law. the revision petition is therefore allowed and the proceedings are quashed.
Judgment:
ORDER

Lakshmana Rao, J.

1. The complaint of defamation is founded on allegations in a petition and sworn statement to the Sub-Divisional Magistrate and the allegations are stated to be false. The offence committed would therefore fall under Section 182 or Section 193 of the Indian Penal Code and as held In re Appadurai Nainar : (1935)69MLJ812 , parties cannot be allowed to eyade the provisions of Section 195 of the Code of Criminal Procedure by filing a complaint under another provision of law. The revision petition is therefore allowed and the proceedings are quashed.


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