Kashi Prasad Vs. Emperor

Kashi Prasad vs Emperor

Type Court Judgment Court Allahabad Decided Aug 14, 1925

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Citation: sooperkanoon.com/471291
Court: Allahabad
Decided On: Aug 14, 1925
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Kashi Prasad

Respondent

Emperor

Legal References

Reported In: AIR1926All141

Excerpt

- kanhaiya lal, j.1. the applicant kashi prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. the learned trying magistrate ordered the accused to pay rs. 50 as compensation. the contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the decision in the case of ram singh v. mathura (1912) 34 all 354. that case was however decided under the old code of criminal procedure. the alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. the complaint in the present instance has been found to have been false and brought on account of enmity, and section 250, criminal p.c., justified the magistrate in awarding compensation under the circumstances. the application is rejected.

Full Judgment

Kanhaiya Lal, J.

1. The applicant Kashi Prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. The learned Trying Magistrate ordered the accused to pay Rs. 50 as compensation. The contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the decision in the case of Ram Singh v. Mathura (1912) 34 All 354. That case was however decided under the old Code of Criminal Procedure. The alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. The complaint in the present instance has been found to have been false and brought on account of enmity, and Section 250, Criminal P.C., justified the Magistrate in awarding compensation under the circumstances. The application is rejected.

Same Parties Kashi Prasad vs Emperor Same Subject Civil

Civil