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Chunni Lal and anr. Vs. Baldeo - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All84; 75Ind.Cas.730
AppellantChunni Lal and anr.
RespondentBaldeo
Excerpt:
criminal procedure code (act v of 1898), section 522 - criminal trespass, conviction for--criminal force, use of, absence of--restoration of possession, order for, whether can be made. - u.p. zamindari abolition & lands reforms act, 1951 [act no. 1/1951]. section 3(4) & u.p. land revenue act, (3 of 1901). sections 14-a (3) & 14; [s.rafat alam, r.k.agarwal & ashok bhushan, jj] expression collector- held, it includes additional collector. powers and functions of collector can be exercised by additional collector under section 198(4) of 1950 act, provided he has been so directed by collector of the district. [1996 aihc 3628 overruled]......of an offence under section 447 of the indian petal code by reason of their having continued to cultivate certain fields in spite of their ejectment and that there was nothing to indicate that the offence of criminal trespass was attended by the use of the criminal force. section 522, criminal procedure code, cannot, on these facts, apply and the order of the learned honorary magistrate directing the delivery of possession of the fields in question with the crops standing thereon to the complainant cannot be sustained. the reference is, therefore, accepted and the order of the honorary magistrate parsed under section 522 of the code of criminal procedure is set aside. it is open to the complainant to seek any other remedy open to him in the manner provided by law. let the record.....
Judgment:

Kanhaiya Lal, J.

1. The learned District Magistrate finds that the applicants, Chunni Lal and Indra, were convicted of an offence under Section 447 of the Indian Petal Code by reason of their having continued to cultivate certain fields in spite of their ejectment and that there was nothing to indicate that the offence of criminal trespass was attended by the use of the criminal force. Section 522, Criminal Procedure Code, cannot, on these facts, apply and the order of the learned Honorary Magistrate directing the delivery of possession of the fields in question with the crops standing thereon to the complainant cannot be sustained. The Reference is, therefore, accepted and the order of the Honorary Magistrate parsed under Section 522 of the Code of Criminal Procedure is set aside. It is open to the complainant to seek any other remedy open to him in the manner provided by law. Let the record be returned.


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