High CourtsDivision Bench(1939) 10 MAD CK 0003

Ramaswami Konar vs Nachiar Ammal

Madras High Court · Decided on 3 October 1939 · Citation: (1940) 52 LW 350 : (1940) 2 MLJ 491

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

5 paragraphs · 93 words

Lakshmana Rao, J.—The complaint of defamation is founded on allegations in a petition and sworn statement to the Sub-Divisional

Magistrate and the allegations are stated to be false. The offence committed would therefore fall u/s 182 or Section 193 of the Indian Penal Code

and as held Appadurai Nainar Vs. Sampath Rao Nainar and Another, , parties cannot be allowed to eyade the provisions of Section 195 of the

Code of Criminal Procedure by filing a complaint under another provision of law. The revision petition is therefore allowed and the proceedings are

quashed.