SUNIL KUMAR PAL Vs. SADAN CHATTERJEE

JUDGEMENT

(1.) This is a rule against an order passed by the Police Magistrate of Sealdah, on 29-11-1949, dismissing the petitioner's complaint under Section 203, Criminal P. C.

(2.) The facts really are not disputed. The petitioner had brought a case against Sadhan Chatterjee and others under Section 448, Penal Code, for trespass into certain premises of which he is the landlord. The premises had been left by their Muhammadan tenants during the Calcutta riots of 1946 and they had been severely damaged. The landlord had caused them to be repaired and made arrangements to let them to another tenant when the accused were alleged to have made this forcible entry and trespass. That case ended in conviction. The matter came as far as this Court and the conviction was upheld. There was also an application by the landlord under Section 522, Criminal P. C., which eventually failed, apparently on the ground of limitation. There seems some reason to suppose that the failure really was due to rather careless work by the petitioner's lawyers.

(3.) The petitioner now by the present proceedings obviously wants to obtain something equivalent to the effect of the order under Section 522 of the Code; in other words, he wants to have the accused, who were still remaining on the premises, again convicted for trespass, because they have remained there with one of the intentions described in Section 441, Penal Code.