KALLUMATAM GURUBASAYYA Vs. SANNA SETRA SIDDALINGAPPA

JUDGEMENT

(1.) 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 under Section 193, Indian Penal Code. A complaint by the Court is necessary for a prosecution for an offence under Section 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.