SHER ANDIL KHAN AND ORS. Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Sher Andil Khan and nine others against the order of the Magistrate not discharging them of an offence punishable under Sec. 448, I.P.C.

(2.) The case was started on the complaint of Hajee Manzoor Ahmad, presented before the Magistrate on 17-12-1962, It was alleged therein that one Eknawaz Khan Kabli had wrongly occupied the house belonging to him and to his brother, Dr. Maqbool Ahmad, during the time the house was under the management and control of the Custodian; that on 1-6-1962 the Rent Control Inspector came to the complainant to make an inquiry and then he (Complainant) came to know that the present applicants had made an application for allotment of the house; and that thereafter he served a notice dated 22-9-1962 on the present applicants calling upon them to vacate the house by Oct. 4, 1962. The complainant's case is that the applicants did not vacate the house and their occupation thereof amounts to house trespass as defined in Sec. 442, I.P.C. and they have committed an offence punishable under Sec. 448, I.P.C.

(3.) Sec. 441, I.P.C. was amended under the Criminal Laws (U.P. Amendment) Act, 1961 and the amended Sec. runs as below.