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imandy Appalaswami Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad315; 25Ind.Cas.1000
Appellantimandy Appalaswami
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), sections 182, 211 - autrefois acquit--burden of proof--offence under section 182--complaint to public servant, whether necessary. - .....has not been established.2. next, it is urged that section 182 applies only to a complaint to a public servant when it is made with the intention of inducing such public servant to take action of a sort which only a public servant of the description in question could take and which would not be open to a private individual. in illustration (a) to section 182 the action expected to be taken by the public servant was simply dismissal of a subordinate and any master could do the same. this illustration is, therefore, irreconcilable with accused's interpretation of the section which must be rejected.3. the petition is, therefore, dismissed.tyabji, j.4. i agree that the plea of previous acquittal is not made out.5. on the facts proved i think the conviction was justified because the.....
Judgment:
ORDER

Oldfield, J.

1. It is first argued with reference to K. Ganapathi Bhotta's case 19 Ind. Cas. 310 : 24 M.L.J. 463 : 13 M.L.T. 360 : 14 Cri. L.J. 214 : 36 M. 308 that the accused, who has been placed on his trial on a charge of an offence punishable under Section 211, Indian Penal Code, cannot be tried again for one punishable under Section 182, Indian Penal Code. It was for the accused to establish the facts necessary for the application of this authority; and we cannot find on the record anything to show that he was acquitted in the previous proceedings and not merely discharged. In these circumstances the plea has not been established.

2. Next, it is urged that Section 182 applies only to a complaint to a public servant when it is made with the intention of inducing such public servant to take action of a sort which only a public servant of the description in question could take and which would not be open to a private individual. In illustration (a) to Section 182 the action expected to be taken by the public servant was simply dismissal of a subordinate and any master could do the same. This illustration is, therefore, irreconcilable with accused's interpretation of the section which must be rejected.

3. The petition is, therefore, dismissed.

Tyabji, J.

4. I agree that the plea of previous acquittal is not made out.

5. On the facts proved I think the conviction was justified because the accused gave to a public servant, (the Sub-Postmaster) information which the accused knew to be false intending thereby to cause the Sub-Postmaster to do something (viz. sending information to the Police) which he ought not to have done if the true state of facts were known by him. It is argued that the Sub-Postmaster did not send information to the Police in his official capacity. I will assume that that would be relevant to the question. I do not express any opinion on this point. The act referred to in illustration (a) to the section as likely to be brought about by the false information is dismissal by the Magistrate' of his subordinate. That is clearly an official act that. could be done by the Magistrate only as a Magistrate. It seems to me however, that the information by the Sub-Postmaster in the present case was sent by him in his official capacity.

6. The petition is, therefore, dismissed.


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