ISHAQ Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The petitioners were convicted by the Metropolitan Magistrate for their having committed an offence punishable under Section 447 Indian Penal Code and giving them the benefit of Probation of Offenders Act, they were released on probation on each one of them furnishing a personal bond in the sum of Rs.2,000.00 with one surely in the like amount for a period of one year for keeping peace and good behaviour. They were also directed to restore possession of the land trespassed by them falling in khasra Nos. 182-83-84 within the revenue estate of village Pul Pehladpur belonging to Hamdard Dawakhana which had been trespassed by them. Aggrieved by the judgment of the Metropolitan Magistrate, the petitioners preferred an appeal before the Court of Sessions, however, by his judgment dated 30th August, 1995 learned Additional Sessions Judge confirmed the conviction and sentence of the petitioners and dismissed the appeal.

(2.) The present petition has now been filed challenging the judgment of the Additional Sessions Judge passed in appeal. The facts in short relevant for purposes of deciding this petition are:

(3.) That Hamdard Dawakhana was the owner of large area of land in village Pul Pehladpur which included land in khasra Nos. 182-83-84. On 18th April, 1983, a complaint was made by the said Hamdard Dawakhana alleging that the petitioners along with certain other persons had on 17th April, 1983 forcibly and wrongfully entered on its land in khasra Nos. 183/184/185/186 at village Pul Pehladpur and intimidated its general attorney as well as other employees with threats of their life and dire consequences if any one of them objected or obstructed the petitioners and other persons in constructing on the said land. On the basis of the complaint, case under Section 447/448/452/ 506/34 Indian Penal Code was registered with PS Badarpur and after investigation challan was filed in the Court of the Metropolitan Magistrate. The Metropolitan Magistrate after recording evidence and hearing the parties held them guilty of the offence punishable under Section 447 only and giving them the benefit of Probation of Offenders Act released them on probation on their furnishing a personal bond in the sum of Rs.2,000.00 along with one surety in the like amount for the period of one year for keeping peace and be of good behaviour. The Metropolitan Magistrate in exercise of his powers under Section 456 of the Code also directed restoration of possession of land trespassed by the accused persons to the complainant. The appeal preferred by the petitioners to the Court of Sessions was also dismissed and the judgment of the Metropolitan Magistrate was confirmed.