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1939 Supreme(Cal) 154

S. K. GHOSE, B. K. MUKHERJEA
Madhab Chandra Ghose – Appellant
Versus
Nirod Chandra Ghose – Respondent


JUDGMENT

S.K. Ghose, J. - This is a second appeal by the defendants in a suit for recovery of Rs. 500 as damages on the ground that they had made certain defamatory state, meats against the plaintiff by sending certain reports to the police and giving false evidence in two criminal cases. Shortly stated, the allegations are these: On 21st November 1934 defendant 3 sent a report to the officer of the Moulvi Bazar Police Station alleging that one Alhadini, a widow, had given birth to a child, that Nirod Chandra Ghose, the plaintiff, was responsible for the illicit pregnancy of the woman, and that the child had been killed. This report was followed up by two other reports which were sent by defendant 1 and defendant 3 to the police. As the result, the police officer started investigation. It is said that during the investigation the police officers were resisted by the plaintiff and his party. The result was that the Sub-Inspector of Police, Gopal Chandra Ghose, instituted a case u/s 147 and other Sections of the Indian Penal Code against the plaintiff and others. The police also sent up Alhadini and others on charges u/s 302 read with other Sections of the Indian Penal Code. Defendant

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