FELICIDADE DMELLO Vs. EUSTAQUIO ALFONSO DSOUZA

JUDGEMENT

(1.) This is an application to revise the order dated 22-8-1977 of the Sessions Judge, Panaji, setting aside the order of J. M. F. C., Mapusa dated 7-4-77 with regard to the disposal of a hall of a house.

(2.) It appears that on the basis of a charge sheet submitted by the Mapusa Police at the instance of applicant No. 2, respondent No. 1 and three others were put on trial for offences punishable under Ss. 454, 323 r/w S. 34 of the I. P. C. The allegations against them were that they with the intention of taking forcible possession broke into the hall in the possession of the complainant (applicant No. 2) and assaulted her and her mother. The case ended in an acquittal by order dated 8-1-1977.

(3.) The police as it appears, locked up the hall during investigation. The complainant put in an application before the trial of the case commenced, requesting the Court for issue of direction to the Police to hand over vacant possession of the hall together with the key to her. The J. M. F. C. then in charge of the Mapusa Court by order dated 12-4-1973 allowed the prayer.