ABDUL REHMAN MAHOMED YUSUF versus MAHOMED HAJI AHMAD AGBOTWALA AND ANOTHER

ABDUL REHMAN MAHOMED YUSUF versus MAHOMED HAJI AHMAD AGBOTWALA AND ANOTHER

For a separate offence of defamation, even if of the same kind but not stated in the complaint, a separate complaint must be filed in compliance with s. 198 of the Code of Criminal Procedure. Framing a charge and recording an acquittal without such complaint is a nullity, and the proper order should be one of discharge.

Parties
Appellant: Abdul Rehman Mahomed Yusuf; Respondent No. 1: Mahomed Haji Ahmad Agbotwala; Respondent No. 2: Phirozbai Mazarkhan
Jurisdiction
India
Judgment Date
15 September 1959
Procedural Posture
Criminal Appeals / Appeal by Special Leave Against High Court Revision Order
Outcome
Appeal allowed
Legal Topics
Defamation, Criminal Procedure, Complaint Requirement, Acquittal Vs. Discharge
Criminal Law Defamation Criminal Procedure Complaint Requirement Acquittal Vs. Discharge

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Parties

Abdul Rehman Mahomed Yusuf

Appellant

Mahomed Haji Ahmad Agbotwala

Respondent No. 1

Phirozbai Mazarkhan

Respondent No. 2

Procedural Posture

Criminal Appeals / Appeal by Special Leave Against High Court Revision Order

Legal Issues

  1. 1 Whether a separate complaint is required under s. 198 of the Code of Criminal Procedure for a separate offence of defamation not mentioned in the initial complaint
  2. 2 Whether the acquittal order was valid when the facts constituting the charge were not alleged in the complaint

Ratio Decidendi

For a separate offence of defamation, even if of the same kind but not stated in the complaint, a separate complaint must be filed in compliance with s. 198 of the Code of Criminal Procedure. Framing a charge and recording an acquittal without such complaint is a nullity, and the proper order should be one of discharge.

Court Disposition

Appeal allowed

Orders

  • Order of acquittal set aside
  • Present complaint dismissed