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PETITIONER: BASIR-UL-HUQ AND OTHERS
Vs.
RESPONDENT: THE STATE OF WEST BENGAL.NUR-UL-HUDAV.THE STATE OF WEST BENG
DATE OF JUDGMENT: 10/04/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND BOSE, VIVIAN JAGANNADHADAS, B.
CITATION: 1953 AIR 293 1953 SCR 836 CITATOR INFO : RF 1958 SC 124 (5) R 1962 SC 876 (15) R 1966 SC 523 (5) APR 1966 SC1775 (5) RF 1971 SC1708 (13) RF 1971 SC1935 (8)
ACT: Criminal Procedure Code, 1898, ss. 190,195-Indian Penal Code, 1860, ss. 182, 297, 500-Report to police alleging X had killed his mother - Trespass with police on cremation ground-Report found false-Complaint by X for trespass and defamation-Maintainability-Jurisdiction to take cognizance of offence-Whether barred by s. 195, Criminal Procedure Code. 837
HEADNOTE: The accused lodged information at a police station that X had beaten and throttled his mother to death and when the funeral pyre was in flames he entered the cremation ground with the police. The dead body was examined and the complaint was found to be false. On the complaint of X, the accused was charged with offences under section 297, Indian Penal Code (trespass to wound religious feelings) and section 500 Indian Penal Code (defamation). It was contended that, as the complaint disclosed offences under sections 182 and 2...