JITENDRABHAI LALJIBHAI SAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Criminal Procedure Code, 1973 is filed by the original accused of First Information Report registered as Crime Register No. 240 of 2008, registered at Rander Police Station of Surat City, to quash the same on the grounds narrated in the memo of petition.

(2.) BRIEF facts arising from the record of the case are as under: 2.1 One Rasikchandra Jakishandas Tailor, who happens to be Junior Engineer of Surat Municipal Corporation, filed a complaint with Rander Police Station on 16.5.2008 for the offences under Section 447 and 114 of the Indian Penal Code against the present applicants accused. It was alleged in the said complaint that Surat Municipal Corporation is the owner of Reserved Final Plot No.7 of T.P. Scheme No. 10 at Adajan. The said plot was kept reserved for parking by the Municipal Corporation. It came to the knowledge of the complainant that some huts are illegally constructed on the said plot. When the complainant visited the site, two huts were found on the said plot and electricity meter was also found installed at the place. 2.2 After inquiring about the huts and the electricity meter, the applicant came to know that the electricity meter is in the name of applicant No.1accused. He talked with applicant No.1 on telephone about the same and applicant No.1 assured to the complainant that the electricity meter shall be removed from the said place. 2.3 Since the construction of the two huts and the electricity meter was found on the disputed plot, the complainant filed the present complaint for the offence under Sections 447 and 114 of the IPC alleging that the accused persons have committed criminal trespass on the land and therefore they are liable to be punished for the same.

(3.) APART from this factual aspect, perusing the complaint at Annexure-A, it is clear that the huts, which were found on the disputed land, were removed by the Corporation and the electricity meter, which belongs to the applicants, was also subsequently removed. Therefore, there is no question of criminal trespass as defined under Section 441 of the Indian Penal Code. Section 441 of the IPC reads thus: Criminal trespass - Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass.