M R KRISHNAMURTHY AIYAR Vs. CVPARASURAMA AIYAR

JUDGEMENT

(1.) If the complainant can prove that the letter was posted in Madras with a view to be read in Tinnevelly the offence of defamation is triable either in. Madras or in Tinnevelly under Secs.179 and 182 of the Criminal P. C., seeing that the accused has done all in his power towards publication and has lost control of the letter when he has committed it to the post (see Mayne on Criminal Law, 4 Edition, p. 872).

(2.) The English cases of Rex V/s. Burdett (1820) 4 B & Ald. 95 (126, 127): 106 E.R. 873 (885) Rex V/s. Williams (1810 2 Camp. 506) and The Queen V/s. Ameer Khan and Ors. (1871) 17 W.R. Cr. 15 support this view.

(3.) The third Presidency Magistrate is directed to take the complaint on his file and dispose of it according to law.