D N RAMAIAH Vs. D R ASWATHANARAYANASETTY

JUDGEMENT

(1.) This petition is directed against the order passed by the Second City Magistrate, Bangalore in Crl. Mis. No. 33/1966 dated 27-2-1971, on an application filed by the petitioner praying that action be taken under S. 188 IPC. The learned Magistrate has refused to take action as prayed for.

(2.) The few facts necessary for a decision in this case are: On 8-2-1967, the Second City Magistrate, Bangalore passed an order under S. 145(6) Cr.P.C. in regard to a bungalow bearing No. 1848, Sampige Road, Malleswaram, Bangalore City. That order was taken upto the High Court in Crl.R.P. No. 166/1967 which was disposed of on 1-5-1967. It was ultimately declared that the petitioners in this petition were in possession of the southern portion of the said house and that the remaining parties, including the present respondent were prohibited from interfering with the said possession of the present petitioners and that the northern portion of the said house was in possession of respondents 1 and 2 and the petitioners were prohibited from interfering with the said possession.

(3.) The petitioners filed an application on 5-9-1968 before the Second City Magistrate, alleging that the respondents in this petition had forcibly evicted the petitioner from the southern portion of the house and thereby had violated the order passed by the Second City Magistrate and the High Court. Hence they prayed that action under S. 188 I.P.C. be taken.