Oyyappa Kone v. Chidambaram Chettiar, President, Vallalappatti Panchayat Court

Oyyappa Kone v. Chidambaram Chettiar, President, Vallalappatti Panchayat Court

(High Court Of Judicature At Madras)

| 25-03-1941

Lakshmana Rao, J.—The information was not given to the complainant or any public servant subordinate to him and an offence under S.182, Penal Code, cannot be taken cognizance of except on the complaint in writing of the public servant concerned or some other public servant to whom he is subordinate. A complaint of the District Munsif would be necessary for a prosecution for an offence u/s 193, Penal Code, and the proceedings cannot be sustained. The reference is therefore accepted and the proceedings are quashed.

Advocate List
Bench
  • HON'BLE JUSTICE LAKSHMANA RAO
Eq Citations
  • AIR 1941 MAD 764
  • LQ/MadHC/1941/124
Head Note

Penal Code, 1860 — Ss. 182, 193 and 196 — S. 182 — Cognizance of offence under S. 182, Penal Code, cannot be taken except on complaint in writing of public servant concerned or some other public servant to whom he is subordinate