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Sawminatha thevan Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCrminal
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.767
AppellantSawminatha thevan
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 211 - preferring a false charge--communication of suspicion to police--whether amounts to institution of a criminal proceeding. - ordersundara aiyar, j.1. the conviction in this case cannot be sustained. the accused merely stated that he suspected the complainant of theft and mentioned the facts on which his suspicion was based. section 211, indian penal code, requires that there should be an institution of a criminal proceeding by the accused against the complainant. the expression of a suspicion did not amount to the institution of a criminal charge. the police, no doubt, acted upon his suspicion and took steps to prosecute the complainant. the accused cannot be held responsible for this. i must set aside the conviction and sentence; the bail-bond of the accused will be cancelled, and the fine, if paid, will be refunded.
Judgment:
ORDER

Sundara Aiyar, J.

1. The conviction in this case cannot be sustained. The accused merely stated that he suspected the complainant of theft and mentioned the facts on which his suspicion was based. Section 211, Indian Penal Code, requires that there should be an institution of a criminal proceeding by the accused against the complainant. The expression of a suspicion did not amount to the institution of a criminal charge. The Police, no doubt, acted upon his suspicion and took steps to prosecute the complainant. The accused cannot be held responsible for this. I must set aside the conviction and sentence; the bail-bond of the accused will be cancelled, and the fine, if paid, will be refunded.


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