Skip to content


Ram Bahal Pandey Vs. Ram Nand Gupta - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in1976CriLJ290
AppellantRam Bahal Pandey
RespondentRam Nand Gupta
Excerpt:
- .....itself may be disposed of today,2. the writ petition has been filed against an order or rather a notice issued by the station officer, p.s. munderwa to the petitioner informing him that he had illegally taken possession of the property in dispute even though it was in the tenancy of smt, sampatta and directing the petitioner to leave the property immediately, failing which he would be prosecuted for an offence under section 447 i.p.c. it is this notice which has been challenged by the petitioner.3. under section 241, i.p.c. a trespass does not become criminal trespass unless the trespasser is given a notice calling upon him to withdraw from the property. the notice has to be in writing and has to be given by the person who has been dispossessed. the notice contemplated by section 441.....
Judgment:
ORDER

Hari Swarup, J.

1. learned Counsel for the parties have made a request that the writ petition itself may be disposed of today,

2. The Writ Petition has been filed against an order or rather a notice issued by the Station Officer, P.S. Munderwa to the petitioner informing him that he had illegally taken possession of the property in dispute even though it was in the tenancy of Smt, Sampatta and directing the petitioner to leave the property immediately, failing which he would be prosecuted for an offence under Section 447 I.P.C. it is this notice which has been challenged by the petitioner.

3. Under Section 241, I.P.C. a trespass does not become criminal trespass unless the trespasser is given a notice calling upon him to withdraw from the property. The notice has to be in writing and has to be given by the person who has been dispossessed. The notice contemplated by Section 441 cannot be given by a police officer with whom a report may be lodged about the trespass. The notice given by the Station Officer is thus of no effect and cannot convert a civil trespass into a criminal trespass. The Station Officer can only take such action on the basis of a report lodged with him as may be permissible under the Code of Criminal Procedure. He cannot convert the trespass into a criminal trespass and proceed. The notice given in the present case must, therefore, be deemed to have been given without any authority of law,

4. In the result, the petition is allowed, the notice issued by the station officer dated 21-3-1975 filed as annexure II to the Writ Petition is quashed. There will be no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //