T S SHANMUGASUNDARAM PILLAI Vs. AMANICKA MUDALIAR

JUDGEMENT

(1.) THIS is an application to quash the proceedings in C.C. No. 44 of 1938 on the file of the Sub-Divisional Magistrate of Tiruvallur instituted by the respondent against the petitioner under Section 500 of the Indian Penal Code and the facts are not in dispute. The petitioner charged the son-in-law of the respondent with theft of certain documents and records from the Bhavanandam Academy and in the affidavit filed in support of the application for a search warrant and the sworn statement, the petitioner alleged that some of the articles had been secreted in the house of the respondent. A search warrant was issued and the house of the respondent was searched. Nothing was found in the house and the son-in-law was ultimately discharged. The complaint of defamation is founded on the allegations in the affidavit and sworn statement that some of the articles were secreted in the house of the respondent and those allegations are stated to be false. The offence committed would therefore fall under Section 193 of the Indian Penal Code which cannot be taken cognizance of without a complaint by the Court, and as laid down in Appadurai Nainar, In re parties cannot be allowed to evade the provisions of Section 195 (1)(b) of the Criminal P. C. by filing a complaint under another provision of the Indian Penal Code. The petition is therefore allowed and the proceedings in C.C. No. 44 of 1938 on the file of the Sub-Divisional Magistrate of Tiruvallur are quashed.