M N SUBRAMANIAN Vs. S PASUPATHY

JUDGEMENT

(1.) This is a petition filed by the accused M.N. Subramanian, who was accused of committing offences under Ss. 447 and 427, I.P.C., praying this Court to call for the records and quash the proceedings in C.C. No. 680/80 on the file of XVII M.M. Saidapet, Madras.

(2.) The facts leading to the filing of the present petition are as follows. The respondent Pasupathy filed a complaint against the petitioner (accused) alleging that the petitioner committed offences of criminal trespass and mischief. The respondent is the Power of Attorney agent of one, S. Gopalan. Premises No. 15, D' Silva Road, Mylapore, Madras, belonged to the said Gopalan and the respondent is looking after the said house and residing there along with his sister and brother-in-law. Premises No. 14, D' Silva Road, also belonged to the respondent's principal, S. Gopalan. By a sale deed, the respondent as Power of Attorney Agent conveyed the house bearing No. 14 D' Silva Road, in favour of one Mrs. Vidya Sankaran. A passage 15'3" in breadth and 72' 3" in length separates the two buildings bearing Nos. 14 and 15, D'Silva Road. In the Schedule appended to the sale deed there is a recital that the passage 12' in breadth was being conveyed. Mrs. Vidya Sankaran in her turn sold the house to the petitioner by a sale deed, dt. 26th October, 1979. As the respondent fount that the petitioner was trying to forcibly occupy the portion of the passage belonging to him, he caused a lawyer notice, dt. 6th January, 1980 to be sent. The Petitioner replied to the said notice. The respondent then put up a barbed wire fencing in the second week of January, 1980, in the passage allowing enjoyment of 12" passage to the petitioner, consistent with the recital in the sale deed. The fencing indicated the boundary line that separated the two premises, Nos. 14 and 15, D' Silva Road.

(3.) According to the respondent, on the morning on 18th January, 1980, the petitioner in the company of his father and 4 or 5 workmen trespassed into the respondent's place, pulled out the wire fencing and threw it inside the respondent's land. Casuarinas poles numbering 16 were also pulled out and thrown. The garden plants that had been planted alongside the compound were all damaged by the petitioner and his men. In terms of money, the loss sustained by the respondent as a result of the acts of the petitioner is of the value of around RS. 300. On 28th January, 1980, after ten days of the alleged occurrence, the respondent filed a complaint before the court alleging that the petitioner has committed offences under S. 447 and 427, I.P.C. The case was taken on file. The present petition is filed by the petitioner (Accused) under S. 482, Cr. P.C. to quash the proceedings pending before the XVII M.M, Saidapet.