LexBASIR-UL-HUQ AND OTHERS versus THE STATE OF WEST BENGAL
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
836
SUPREME COURT HEi'ORTS
[i953]
1953
judgment, so it is not necessary to do m9re than out-
'l'I s k
. line them here.
The quota-holder here is Beharilal
0ou:: .:ii·~:'l:d. Bairathi. In this case also, Dharsi Moolji paid Dwarka-
v.
das Khetan for the goods and the Mills sent the bales
'I!lw•Stato of to Dharsi Moolji for delivery in the same truck as the
Bombay.
13 bales.
Dharsi Moolji refused to accept these bales
Bose J.
1953
April 10
also, so they were deposited in the Dady Seth godown
along with the other thirteen. Dwarkadas Khetan &
Company has been entered as the person to whom deli-
very was made. For the reasons given above, we hold
that this was a true and accurate return.
The appeal is allowed. The conviction and sentence
in each of the four cases is set aside. The fines, if paid,
will be refunded.
Appeal allowed.
Agent for appellants Nos. 1, 2 & 4:
Rajirider
Narain.
Agent for appellant No. 3: Ganpat Rai.
Agent for the respondent: G. H. Rajadhyaksha.
BASIR-UL-HUQ AND O'fHERS
v.
THE STATE OF WEST BENGAL.
NUR-UL-HUDA
v.
THE STATE OF 'WEST BENGAL.
[MEHR CHAND MAHAJAN, VIVIAN BosE and
JAGANNADHA DAS JJ.]
Criminal Procedure Gode, 1898, ss. 190, 195-Indian Penal
Gode, 1860, ss. 182, 297, 500-Report to police all'9ing X had killed
his 11iother-Trespass ivith police on
cremation ground-Report
fo11nd false-Oornplaint by X for trespass and defrin.ation-Main-
tainability-Jurisdiction to take counizance of ofjence-Whether
barred by s. 195, Criminal Procedure Gode.
-
s.c.R.
SUPREME COURT REPOR'l'S
837
1953
The accused fo<lged information at a police station that X had
]Jeaten and throttled his mother to death and when the funeral
pyre was in flames he entered the cremation ground \Vith the Busir-uJ.Huq
police. The dead body \Vas examined and the complaint was fonnrl
and Others
to be false.
On the complaint of X, the accused was charged with
v.
offences under section 297, Indian Penal Code (trespass to wound
The State of
religious feelings) and section 500, Indian Penal Code (defamation).
West Bengal
It was contended that, as the complaint disclosed offences under
sections 182 and 211, Indian Penal Code, the Court could not take
cognizance of the case except on a complaint by the proper autho-
rity under section 195, Crimin.I Procedure Code:
lield, (i) that the facts which constituted the offence under
section 297 were distinct from those which constituted an offence
under section 182, as the act of trespass was alleged to have been
committed after the making of the false report, so section 195 was
no bar to the trial of the charge under section 297.
(ii) As regards the charge under section 500, where the
allegations made in a false report disclose two distinct offences,
one against a public servant and the other against a pri vale indi-
vidual, the latter is not debarred by the provisions of section 195,
Criminal Procedure Code, from seeking redress for the offence
committed against him.
Satish Chandra Chakravarti v. Ram Dayal De (24 C.W.N.
982); Hori Ram Singh v. The Crown [1939] E'.C.R. 139 referred
to.
Section 195 cannot however be evaded by the device of charg-
ing a person with an offence to which that section does not apply
and then convicting him of an offence to which it does, on the
ground that the latter offence is a minor one of the same character,
or by describing the offence as one punishable under some other
section of the Indian Penal Code, though in truth and substance
the offence falls in the category of sections mentioned in section
195, Criminal Procedure Code.
CRIMINAL APPELLATE Jumsmc·rroN: Criminal Ap-
peals Nos. 26 and 27 of 1952. Appeals under Article
i34 (1) (c) of the Constitution of India from the Order
dated 4th February, 1952, of the Calcutta High Court
(CIIAKRAVARTTI and SINHA JJ.) in Criminal Revision
Nos. 102 and 103 of 1952.
S.C. Das Gupta and A.K. Dutt for the appellants.
B. Sen for the respondent.
Arun Kwmar Datta for the complainant.
1953.
April 10. The Judgment of the Court was
delivered by IliAHAJA::-1 J.
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838
:SUPREME COURT REPORTS
(1053]
~illIAJAN J.-These two appeals aris{l.in the follow-
ing ' circumstances:
One Mokshadamoyec
Dassi,
Ba~ir-ul-lluiz
andO!hm
mother ofDhirendra Nath Bera, died some time in the
v.
-eveniiig of the 3rd September, 1049. At the moment
TheStateoL __ ofher death Dhircndra Nath \rns not presentExcerpt shown. Read the full judgment & AI analysis in Lexace.