RAJA GOUNDAR AND ORS. Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Proceedings under Section 107, of the Code of Criminal Procedure, are pending against the petitioners in the Court of the Sub-Divisional Magistrate, Sankari, in M.C. No. 249 of 1970 on his file. The petitioners seek to quash these-proceedings.

(2.) The dispute relates to Survey No. 185, 4 acres and 20 cents in extent situate in Pallipalayam, a village in Salem District. This property was purchased by the 2nd petitioner in Court auction in R.E.P. No. 631 of 1959in O.S. No. 317 of 1956 on the file of the District Munsif, Sankari. Possession was delivered to him on 28th May, 1965, by the Amin. On 27th January, 1969, by a registered agreement for sale, the 2nd petitioner agreed to sell this property to the other petitioners and delivered possession to them. There was obstruction to the enjoyment by one Kuppanna Goundan and others. The petitioners moved the Second Class Executive Magistrate, Thiruchengode and obtained a prohibitory order under Section 144, Criminal Procedure Code, against them. This order was issued on the report submitted by the police. Thus, there is clear evidence, to show that the petitioners have both title and possession in the property involved in the dispute.

(3.) Section 107 proceedings are not intended for the purpose of binding over persons who do certain acts in the exercise of their right to property, or in maintaining their possession. This section is intended for persons who are desperate characters and who habitually disturb I the public peace or who in spite of orders of civil or criminal Courts, finding possession against them, persist in their unlawful conduct of disturbing the possession of others and take the law in their own hands. For applicability of this section it is essential that the acts committed or likely to be committed are wrongful. The petitioners are in possession under proper title and they have a right to protect their possession and if they do any act for protecting such possession, that act cannot be termed as wrongful. Therefore action under Section 107, Criminal Procedure Code, cannot be taken against them. The proceedings against them are quashed. The Criminal Miscellaneous Petition is allowed.