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Judgment
5 paragraphs · 112 words
Lakshmana Rao, J.—The complaint is founded on an allegation in a plaint in a suit for partition and recovery of the share of the vendor of
the accused in the family properties and if the allegation is false the offence would be one u/s 193, Indian Penal Code. A complaint by the Court is
necessary for a prosecution for an offence u/s 193, Indian Penal Code and the parties cannot be permitted to evade that provision of law by filing a
complaint of defamation. In this view it is unnecessary to consider whether a prosecution at this stage is not an abuse of the process of Court and
the charge is quashed.