A M KHUSROO Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 CrPC. Applicants pray that proceedings in criminal case No. 381 of 1911, Govind Ram v. A. M. Khusroo pending in the court of Special Judicial Magistrate III, Aligarh be quashed. Govind Ram has filed a complaint under Section 447 IPC Before mentioning the facts of the case., the scope of Section 441 IPC which defines the term "Criminal Trespass" be indicated. Section 441 as amended in the State of U. P. reads as follows :-

(2.) IT will be seen from the above that entry upon the property in possession of another person per se is not an offence. Such an entry will be an offence in 3 cases mentioned hereinafter :-

(3.) IN petition under Section 482 CrPC it has been alleged that Sri A.M. Khusroo, applicant No. 1, became the Vice Chancellor on 29-9-1974, Sri S. M. Shafi, applicant No 2 became Pro Vice Chancellor on 20-12-1974, Sri A. J. Rajendran, applicant No. 3 became Finance Officer on 10-4 -1974 and Sri K. B. Siddiqui, applicant No. 4, became Estate Officer from 22-9-1969. This allegation is supported by an affidavit of Sri Mohd. Ahsan (vide para 20). Sri Govind Ram has filed counter affidavit. He has stated in paragraph 12 that paragraph 20 of the affidavit of Mohd. Ahsan required no reply as it was irrelevant.