ABDUL SAMAD Vs. MD. QAMRUDDIN AND ANR.

JUDGEMENT

(1.) IN the instant criminal revision, the petitioner challenges the order dated 20th January, 2007 passed the J.M.F.C, Rajgangpur in I.C.C. No. 19 of 2006 framing charge under Section 448 IPC against him.

(2.) THE case of the complainant -opposite party No. 1 is that the petitioner is the tenant of a shop room, which had fallen to his share. An agreement was executed on 21.4.2003 on the basis whereof vacant possession of the shop room was handed over to the petitioner for a period of three years subject to the terms and conditions contained therein. It has been further alleged that the complainant asked the petitioner to handover the vacant possession by a lawyer's notice dated 3.3.2006 to which the petitioner submitted a reply through his lawyer making it clear that he did not want to handover the vacant possession to the complainant. The complainant then sent a legal notice through his advocate on 19.6.2006 terminating the tenancy with effect from 1.7.2006. The notice was duly received by the petitioner on 22.6.2006. Since in spite of such notice, the petitioner did not hand over the possession on 1.7.2006, the complaint petition was filed. The learned Magistrate, after due enquiry under Section 202 Cr.P.C, took cognizance and issued summons to the accused -petitioner. After his appearance, charge has been framed under Section 448 IPC on 20.1.2007.

(3.) SECTION 441 IPC, as amended by Orissa Act 22 of 1986, defines criminal trespass, which, when committed in respect of, inter alia, a human dwelling, becomes an offence punishable under Section 448 IPC. Ordinarily, a dispute between the tenant and the landlord regarding vacation of a premise after expiry of the period of tenancy is a civil dispute, unless an offence of criminal trespass can be side to have been committed. Prosecution against the tenant would not lie except the cases covered by the Orissa Amendment. Section 441 IPC, which has been defined by Orissa Act 22 of 1986, is quoted hereunder for better appreciation: