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In Re: Bhagavatty Perumal Pillay - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.798
AppellantIn Re: Bhagavatty Perumal Pillay
Excerpt:
penal code(act xlv of 1860), sections 467 and 471 - forgery of document--forgerer of document charged under section 467, whether can be charged, under section 471--proof of forgery. - orderralph benson, j.1.charges of offences punishable under sections 471, 420 and 511, indian penal code, should be framed against the accused as the evidence indicates that those offences were committed in madras. the fact that the person charged with an offence under section 471, indian penal code, was himself the forgerer of the document is no reason why he should not be charged under section 471, indian penal code, especially when, as in this case, he cannot be charged under section 467 owing to the latter offence having been committed beyond the jurisdiction of the court. the forgery must, of course, be proved in order to establish the offence under section 471 though it is not itself the subject of a charge.2. the extradition of offenders from travancore to british india is governed.....
Judgment:
ORDER

Ralph Benson, J.

1.Charges of offences punishable under Sections 471, 420 and 511, Indian Penal Code, should be framed against the accused as the evidence indicates that those offences were committed in Madras. The fact that the person charged with an offence under Section 471, Indian Penal Code, was himself the forgerer of the document is no reason why he should not be charged under Section 471, Indian Penal Code, especially when, as in this case, he cannot be charged under Section 467 owing to the latter offence having been committed beyond the jurisdiction of the Court. The forgery must, of course, be proved in order to establish the offence under Section 471 though it is not itself the subject of a charge.

2. The extradition of offenders from Travancore to British India is governed by Regulation I of 1906 of His Highness the Maharaja of Travancore dated the 22nd August 1906 published in the Travancore Government Gazette of the 28th idem.


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