S M FAZLUL HAQ Vs. STATE

JUDGEMENT

(1.) This is an application under Section 561-A, Cri. P. C. The prayer in the application is that proceedings in criminal case No. 44 of 1963 (State v. Fazlul Haq) under Sections 183, 448 and 454, I. P. C. be quashed.

(2.) The facts giving rise to this application may be briefly summarised as follows. A suit, No. 162 of 1955, was filed in the Court of the 1st Additional Civil Judge of Kanpur by the applicants' own sister Smt. Sultan Jahan Begam for partition of certain family properties including a shop and a running business styled as Messrs. Mohd. Hafeez Mohd. Siddiq, 42/137 Meston Road, Kanpur. On the 18th of November, 1960, the learned Civil Judge appointed one Sri Daya Shanker Mehrotra as Receiver of the properties in suit. On the 19th of November, 1960, the applicants were in possession of the shop in dispute and they moved an application on the same date for the transfer of the case in the Court of the learned District Judge, and the proceedings in the case were stayed. On the 19th of November, 1960, the applicants came to Allahabad to file an appeal against the order of the learned Civil Judge dated 18-11-1960 appointing Sri Daya Shanker Mehrotra as Receiver. On the 20th of November, 1960, the applicants received a telegram from Kanpur informing them that the applicants' locks on the shop in dispute had been tampered with. They thereupon went to Kanpur and entered the shop to find out whether any articles had been removed or not. The Receiver lodged a protest against the applicants' entry into the shop and the Police was also sent for. On the 20th of November, 1960, a report was lodged by the Receiver alleging that the applicants had removed the Receiver's locks on the shop in dispute. The Police took no action, and thereupon the Receiver made a report to the learned Civil Judge, who lodged a report with the Police by his letter dated 21/22-11-1960. In the meantime the applicant's first appeal from order against the order of the learned Civil Judge dated 18-11-1960 appointing Sri Daya Shanker Mehrotra as Receiver, which had been filed some time after the 2oth of November, 1960, was admitted and this Court stayed the operation of the order of the learned Civil Judge. On the report lodged by the learned Civil Judge the Police submitted a final report in the year 1960. The matter was re-investigated and a final report was submitted by the Police a second time in the year 1961. The learned Judicial Officer thereafter directed the Police to submit a charge-sheet. In consequence, the Police submitted a charge-sheet under Sections 183, 448 and 454 Indian Penal Code against the applicants. The gravamen of the offence alleged against the applicants is that they committed trespass by interfering with the Receiver's possession over the shop in dispute.

(3.) I have taken the facts summarised above from the affidavit filed in support of this application and those facts must be taken to be correct, as no counter affidavit has been filed to controvert them.