IN RE: T.M. SIVAPRAKASAM PILLAI Vs. STATE

JUDGEMENT

(1.) THIS is an application to quash the charge framed by the Additional First Class Magistrate, Kumbakonam, in C.C. No. 47 of 1947, wherein a charge under Section 211 of the Indian Penal Code has been framed against the petitioner.

(2.) THE short facts leading up to this prosecution are that the petitioner sent a communication to the Inspector General of Police, Madras, alleging that the Village Munsiff of Patteeswaram had received illegal gratification from one Thanu Kothan, an offence punishable under Section 161 of the Indian Penal Code, and this complaint on investigation was found to be absolutely groundless. Thereupon a charge sheet was filed against the petitioner for an offence under Section 211 of the Indian Penal Code. After having examined the prosecution witnesses, the learned Additional First Class Magistrate has framed the charge under Section 211 of the Indian Penal Code.

(3.) RELIANCE is placed on a decision of Sundaram Chetti,J., in Rathinam Pillai v. : AIR1932Mad427 for the proposition that the offence was committed only at the place where the false charge was laid and not at the place where the letter was posted. In that case, a letter containing alleged false information was posted at Kumbakonam. and reached the District Superintendent of Police at Tanjore. The prosecution was initiated at Kumbakonam and the learned Judge therefore held that the offence was completed only when the information reached the Public Servant at Tanjore.