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In Re: Rethu Venkata Appala Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1947)1MLJ225
AppellantIn Re: Rethu Venkata Appala Naidu and ors.
Excerpt:
- .....force. the order of the sub-divisional magistrate under sub-section(3) of section 522 of the code of criminal procedure is set aside and the three accused are directed to restore possession of the land to complainant's legal representatives as it is reported that the complainant has since died.
Judgment:
ORDER

Yahya Ali, J.

1. This is a reference made by the Sessions Judge, Vizagapatam, under Section 438 of the Code of Criminal Procedure to revise the order made by the Sub-Divisional Magistrate, Vizianagaram, under Section 522(1). It was a case of trespass against the three accused for which they were convicted. Following the conviction the complainant applied under Section 522(3) of the Code of Criminal Procedure for the restoration of possession of the land to him. The Sub-Divisional Magistrate took the view that Section 522(3) would apply only if there was show of force or use of force. The learned Sessions Judge has pointed out that that view is not correct and that what is required is that the offence should have been attended by criminal force or show of force or by criminal intimidation and it should appear to the Court that by such force or show of force the complainant was dispossessed of the land. In the present case there was evidence, as indicated by the learned Sessions Judge, that the offence was attended by criminal force and that the complainant was dispossessed of the land by show of force or use of force. The order of the Sub-Divisional Magistrate under sub-section(3) of Section 522 of the Code of Criminal Procedure is set aside and the three accused are directed to restore possession of the land to complainant's legal representatives as it is reported that the complainant has since died.


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