High CourtsDivision Bench(1940) 08 MAD CK 0058

In Re: Guruswami Chettiar and Others

Madras High Court · Decided on 8 August 1940 · Citation: AIR 1941 Mad 323 : (1940) 2 MLJ 1063

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

7 paragraphs · 156 words

Lakshmana Rao, J.—The complaint against the first accused is only u/s 403 of the Indian Penal Code and accused 2 to 4 were not parties

to the proceedings under the Legal Practitioners'' Act. A complaint of the Court is not necessary for prosecuting these accused for an offence u/s

467 of the Indian Penal Code nor does any question of evading the provisions of Section 195 of the Code of Criminal Procedure arise as in

Appadurai Nainar, Appadurai Nainar Vs. Sampath Rao Nainar and Another, . The Court was Moved to make a complaint against them and the

making of a complaint by the Court for an offence u/s 193 of the Indian Penal Code was considered unnecessary as accused 2 to 4 could be

prosecuted for the graver offence u/s 467 of the Indian Penal Code without a complaint of the Court There is therefore no ground for interference

and the revision petition is dismissed.