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1905 DIGILAW 146 (ALL)

Kunah Sah v. Emperor

1905-06-29

KNOX

body1905
JUDGMENT : Knox, J. On the 11th July, 1904, one Kunah Sah made a communication to the Deputy Commissioner of Almorah in which he set out certain alleged acts of extortion said to have been committed by one Durga Dat Tewari, a Peshkar. An inquiry was held into the matters disclosed by this communication. The person holding the inquiry was a Magistrate, and therefore a Criminal Court, While he held such an inquiry he came to the conclusion that Kunah Sah had made allegations which were false to his knowledge with intent to cause injury to Durga Dat. Accordingly, under section 476 of the Code of Criminal Procedure, he sent the case for trial to the Court of the Sub-Divisional Magistrate. 2. It is contended before me that the inquiry which was held, and in the course of which these statements were made, was not a judicial proceeding, and I was referred to the case of Hara Charan Mookerji v. The King-Emperor, [1905] I.L.R., 32 Cal, 367. The case was perfectly distinguishable from the one before me. The judicial proceeding had come to an end and it no longer existed. That cannot be said in the present case. The definition of the words “judicial proceeding” in the Code of Criminal Procedure is so wide that it certainly includes the inquiry in which the alleged false statement were repeated. I see no reason for interfering. The application is dismissed.