BALWANT SINGH CHUPHAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. By means of these two petitions, moved under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P. C.), the petitioners have sought quashing of Criminal Case No. 941 of 2003, State v. Balwant Singh Chuphal and others (arising out of Case Crime No. 2472 of 2002 relating to offence punishable under Sections 454, 380 and 506, I. P. C. with Police Station, Haldwani), pending in the Court of Judicial Magistrate, Haldwani.

(2.) HEARD learned Counsel for the parties and perused the papers.

(3.) SRI P. M. N. Singh, learned Counsel for the petitioner-Balwant Singh Chuphal argued that an offence of "criminal trespass". defined under Section 441 of the I. P. C. (as amended by U. P. Act No. 31 of 1961), requires prior notice of 15 days to withdraw from the possession. The said Section 441 as amended by aforesaid U. P. Act (applicable in Uttaranchal) reads as under : "441. "criminal trespass".- Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult of annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with Intent thereby to in intimidate, insult or annoy any such person, or with intent to commit an offence, or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U. P. Amendment) Act, 1961, with the intention of taking un-authorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice, is said to commit 'criminal trespass'. "