Sambasivanna vs Bhogappa And Ors. on 5 August, 1882

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Madras High Court
Sambasivanna vs Bhogappa And Ors. on 5 August, 1882
Equivalent citations: (1882) ILR 5 Mad 378 a
Bench: M Ayyar, Tarrant


Muttusami Ayyar and Tarrant, JJ.

1. Having regard to the statement made by the complainant, we think that the complaint should have been treated as one of voluntary hurt. The Second-class Magistrate was therefore in error in treating it as one of criminal force and allowing it to be withdrawn.

2. Considering, however, that the complainant himself treated the violence used to him as amounting to criminal force, and that it is nearly three months since the complaint has been withdrawn, we are of opinion that no further proceedings in the case are necessary.

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