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ishan Chandra Kalla and anr. Vs. Dina Nath Badhak - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal174
Appellantishan Chandra Kalla and anr.
RespondentDina Nath Badhak
Cases ReferredRam Chandra Boral v. Jityandria
Excerpt:
criminal procedure code (v of 1898), section 522 - restoration of possession of property--use of criminal force--penal code (act xlv of 1860), section 350. - sale and stanley, jj.1. we think that this rule must be made absolute, and our reason for so thinking is that there is no sufficient finding that the dispossession complained of was attended by criminal force such as is contemplated by section 522, code of criminal procedure. according to the ruling in ram chandra boral v. jityandria (1897) i.l.r., 25 cal., 434, in order to support an order under section 522 of the code of criminal procedure, there must be a finding that the dispossession was by the use of criminal force as defined in section 350 of the indian penal code. there has been no such finding here, and the result is that the order made under section 522 of the code of criminal procedure musk be set aside and the rule made absolute.
Judgment:

Sale and Stanley, JJ.

1. We think that this rule must be made absolute, and our reason for so thinking is that there is no sufficient finding that the dispossession complained of was attended by criminal force such as is contemplated by Section 522, Code of Criminal Procedure. According to the ruling in Ram Chandra Boral v. Jityandria (1897) I.L.R., 25 Cal., 434, in order to support an order under Section 522 of the Code of Criminal Procedure, there must be a finding that the dispossession was by the use of criminal force as defined in Section 350 of the Indian Penal Code. There has been no such finding here, and the result is that the order made under Section 522 of the Code of Criminal Procedure musk be set aside and the rule made absolute.


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