1942 Supreme(Mad) 258

IN THE HIGH COURT OF MADRAS
Horwill, J.
In Re: Abdur Shukur Sahib
Versus
Decided On : 05.08.1942

Jurisdiction is determined by the location where the false charge was made, and in this case, it was found to be at Vellore, establishing the jurisdiction of the Magistrate at Vellore.

Headnote:

False Charge - Jurisdiction - The court held that the accused's false charge against police officials was made at Vellore, not at Polur, and therefore the Magistrate having jurisdiction would be the Magistrate at Vellore.

Fact of the Case:

The accused was charged with preferring a false and frivolous charge against police officials at Polur. The accused sent a petition containing false allegations to the District Superintendent of Police, which was posted at Polur and opened by the District Superintendent of Police at Vellore.

Finding of the Court:

The court found that the false or frivolous charge was made at Vellore and not at Polur, and therefore the Magistrate having jurisdiction would be the Magistrate at Vellore. The petition was allowed, and the Magistrate was ordered to return the charge-sheet to be presented to the Magistrate having jurisdiction.

Issues: Jurisdiction over the false charge made by the accused.

Ratio Decidendi: The effect of the letter being opened by the District Superintendent of Police at Vellore made the false charge to be considered as made at Vellore, establishing the jurisdiction of the Magistrate at Vellore.

Final Decision: The petition was allowed, and the Magistrate was ordered to return the charge-sheet to be presented to the Magistrate having jurisdiction at Vellore.