Abdur Shukur Sahib v. Emperor

The accused was charged by the police with preferring a false or frivolous charge against police officials at Polur.

The accused sent a petition containing various allegations which were subsequently found to be false to the District Superintendent of Police. His letter was posted at Polur and apparently opened by the District Superintendent of Police at Vellore. The post office, therefore, acted as the agent of the accused in carrying this letter to the District Superintendent at North Arcot; and the effect was the same as if the accused had handed over the letter in person to the District Superintendent of Police at Vellore. The false or frivolous charge was therefore made at Vellore and not at Polur. It therefore fellows that the Magistrate having jurisdiction would be the Magistrate at Vellore.

The petition is therefore allowed and the Magistrate ordered to return the charge sheet to be presented to the Magistrate having jurisdiction.

N.T.RPetition allowed