High CourtsDivision Bench

M.R. Krishnamurthy Aiyar vs C.V. Parasurama Aiyar

Madras High Court · Decided on 26 January 1923 · Citation: AIR 1923 Mad 666 : (1923) 44 MLJ 648

HON’BLE JUDGES
Spencer, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 179, 182
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Judgment

7 paragraphs · 135 words

Spencer, J.—If the complainant can prove that the letter was posted in Madras with a view to be read in Tinnevelly the offence of

defamation is triable either in. Madras or in Tinnevelly under Sections 179 and 182 of the Code of Criminal Procedure, seeing that the accused has

done all in his power towards publication and has lost control of the letter when he has committed it to the post (see Mayne on Criminal Law, 4th

Edition, p. 872).

2.

The English cases of Rex v. Burdett (885)106 E.R. 873 Rex v. Williams 1810 2 Camp. 506 and The Queen v. Ameer Khan and Ors. (1871)

17 W.R. Cr. 15 support this view.

3.

The third Presidency Magistrate is directed to take the complaint on his file and dispose of it according to law.