NANI GOPAL DEB Vs. BHIMA CHARAN RAKSHIT

JUDGEMENT

(1.) This rule is directed against an order under Section 522(1), Cr. P. C. passed by a learned Presidency Magistrate.

(2.) The petitioners were found guilty under Section 448, I. P. G. under the following circumstances:

(3.) In respect of certain rooms the landlord of the premises concerned obtained ex parte decrees in three ejectment suits in the Court of Small Causes, Calcutta. In execution of the said decrees the landlord obtained vacant possession of the said rooms which were then padlocked. In the absence of the landlord or any of his men the petitioners broke open the padlocks and took possession of the rooms. They were found guilty of trespass and each was sentenced to detention till the rising of the Court and to pay a fine of Rs. 200/- in default to R. I. for three months. By the same order the learned Magistrate directed the present petitioners to restore possession of the rooms to the landlord within a month of the date of the order. It is against this order under Section 522(1), Cr. p. C. that the present Rule was directed.