Chotey Lal Vs. Emperor

Chotey Lal vs Emperor

Type Court Judgment Court Allahabad Decided Feb 08, 1917

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Citation: sooperkanoon.com/473465
Court: Allahabad
Judge: George Knox, J.
Decided On: Feb 08, 1917
Subject: Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Sections 193, 476 - False statement, non-specification of, in charge--Irregularity. - - 1. While I think that in every case, whether under Section 195 or Section 476 of the Code of Criminal Procedure, the particular statement, when the offence refers to a statement, should,...

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Chotey Lal

Respondent

Emperor

Legal References

Reported In: AIR1917All329; 39Ind.Cas.848

Excerpt

criminal procedure code (act v of 1898), sections 193, 476 - false statement, non-specification of, in charge--irregularity. - - 1. while i think that in every case, whether under section 195 or section 476 of the code of criminal procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, i am not prepared to hold that the non-specification of the statament is a material irregularity.george knox, j.1. while i think that in every case, whether under section 195 or section 476 of the code of criminal procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, i am not prepared to hold that the non-specification of the statament is a material irregularity. the law does not, so far as i can find out, require that the statement should be set out, and in the present case there can be no room for doubt what is the statement which the accused person has to meet. i dismiss the application with costs.

Full Judgment

George Knox, J.

1. While I think that in every case, whether under Section 195 or Section 476 of the Code of Criminal Procedure, the particular statement, when the offence refers to a statement, should, be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, I am not prepared to hold that the non-specification of the statament is a material irregularity. The law does not, so far as I can find out, require that the statement should be set out, and in the present case there can be no room for doubt what is the statement which the accused person has to meet. I dismiss the application with costs.

Same Parties Chotey Lal vs Emperor Same Subject Criminal Same Judge George Knox, J.

Criminal