Madras High Court
Subramania Pillai vs Pakia Nadachi on 1 January, 1800
Equivalent citations: 12IND. CAS.90, (1911)21MLJ844
ORDER
1. The Assistant Superintendent of Police sanctioned the prosecution, for an offence under Sections 211, I.P.C., of a Shanar woman who made a complaint to the Village Munsif of her village of robbing by five men.
2. The Station House officer concerned prepared a charge sheet and it was presented to the Joint Magistrate, Tuticorin, by a constable.
3. The Magistrate tried the case and discharged the woman and at the same time made an order under Section 250, Criminal procedure Code, against the constable directing him to pay her Rs. 10 as compensation for making a vexatious complaint against her, or in default to suffer simple imprisonment for 4 days.
4. We are clearly of opinion that the constable was not in such circumstances "the person upon whose complaint or information the accusation was made." Cf. In re Kesav Lakshman (1876) I.L.R. 1 B. 175.
5. The order is illegal and is hereby set aside.