Madras High Court
Ramaswami Konar vs Nachiar Ammal on 3 October, 1939
Equivalent citations: (1940)2MLJ491
ORDER Lakshmana Rao, J.
1. The complaint of defamation is founded on allegations in a petition and sworn statement to the Sub-Divisional Magistrate and the allegations are stated to be false. The offence committed would therefore fall under Section 182 or Section 193 of the Indian Penal Code and as held In re Appadurai Nainar (1935) 69 M.L.J. 812 : I.L.R. 59 Mad. 165, parties cannot be allowed to eyade the provisions of Section 195 of the Code of Criminal Procedure by filing a complaint under another provision of law. The revision petition is therefore allowed and the proceedings are quashed.