N KESAVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) If articles which are in possession of a person are removed by another with intention to evict the former from a building in which the articles are kept, will an offence under Section 380 of the Indian Penal Code (IPC, for short) be attracted This question arises for considseration in this case.

(2.) Petitioners are accused of offences under Ss. 380, 451 and 34 IPC. The third respondent/de facto complainant, who is a practising advocate filed a complaint before Judicial First Class Magistrate alleging that after his senior's death, he was in possession of the building owned by petitioners 1 and 2 and he was running his office in the building. First and second petitioners demanded eviction of the building. The complainant agreed to vacate the building when he gets another building for occupation. But, before that, all the petitioners went to the office of the de facto complainant and asked him to vacate the building. He was also told that or else, articles which are kept in the office would be removed.

(3.) Later, a coconut was deliberately put on the building under the pretext of plucking coconuts and hence the de facto complainant filed a complaint before the Dy. S.P. On the very same evening also, there was a threat that his files would be removed and the building would be destroyed. A suit was therefore filed before the Munsiff's Court for restraining the petitioners from causing obstructions in running the office. A temporary injunction was also issued against the petitioners and this fact was conveyed to the first petitioner and others. But, on the date of occurrence, de facto complainant received information in the night that petitioners were destroying the building. At about 6 a.m. he went to the office and found that the building was destroyed and the files, books, furniture etc. were missing. On a complaint that his articles were removed by the petitioners, a crime was registered. Police after investigation, submitted a charge sheet before the Judicial First Class Magistrate. Based on the charge sheet, the Court took cognizance of offence under Section 380 and 451 IPC and issued summons to the petitioners. The petitioners filed this petition to quash the charge sheet.