CAPTAIN N. BASU Vs. RAIS AHMED

JUDGEMENT

(1.) THIS appeal has been filed against an order of acquittal passed in favour of accused -Respondent.

(2.) THE facts of this case are that the Appellant owned house No. 20 -A Mall Avenue, P. S. Hazratganj, Lucknow. The complainant also owned a separate apartment at the side of the aforesaid house which is known as Sadhu Kuti which was meant for use and stay of the Christian Sadhus. It is alleged that the Appellant had gone to Allahabad in the month of December, 1971 after entrusting his house and the said Kuti in the care of Sri Ashley John and Sardar J. S. Kohli. On his return from Allahabad in the month of April, 1972 he found that the accused -Respondent has taken possession over the aforesaid Sadhu Kuti. He was informed by the aforesaid caretakers that the accused Respondent had taken forcible possession after getting its lock opened. The complainant -Appellant lodged a report in the police station and also gave a notice to the accused Respondent to vacate the aforesaid premises, failing which he filed a complaint before a Magistrate, who took cognizance of the case, and after summoning the accused -Respondent, asked him to stand trial under Section 448 IPC.

(3.) IT was urged before me that the first ingredient of Section 441 of the IPC was attracted inasmuch as after breaking the lock the Respondent had taken possession. The second argument was that the notice served upon the accused Respondent was valid notice and therefore in any case amended provision of Section 441 was also attracted and as such the order of the trial court was perfectly correct in law.