GOPAL SAHU Vs. RAJU MISHRA

JUDGEMENT

(1.) THIS is a complainant's appeal against an order dated 13-12-1963 passed by the magistrate, Puri, acquitting the respondents of an offence under Section 454, indian Penal Code.

(2.) THE Puri Municipality has a number of shop houses in the Municipal Market, puri, which are let out on monthly rent. The prosecution case is that the complaint (P. W. 1) and his nephew Hadibandhu (P. W. 2) had taken one such house (Room no. 1) in the Municipal Market on a monthly rent of Rs. 25/ -. On 7-2-1963 the accused persons who are employees of the Puri Municipality broke open the door of the said shop room, removed the articles therefrom, and made over the room to one Laxman Padhan. On a complaint filed by P. W. 1 the accused persons were duly, summoned to stand their trial on a charge under Section 454, I. P. C. Accused Lokenath Jena is Supervisor, accused Nityananda Singh is a peon and accused Rajkishore Misra is a rent clerk of the Puri Municipality.

(3.) THE plea of the accused persons was of a denial. Their defence is that they were directed by the Executive Officer, Puri Municipality, to deliver possession of Room no. 1 to the highest bidder Laxman Padnan on the aforesaid date and in pursuance of the said direction they gave over possession to Laxman. They have also examined the record-keeper of the Puri Municipality and relied upon certain documents in support of their defence, such as Exts. A, B and C.