SANATAN NAIK AND 3 ORS. Vs. STATE

JUDGEMENT

(1.) THE Petitioners were prosecuted on a charge under Section 447, Indian Penal Code on the allegation that on 23 -9 -1964 at about 4.45 P.M., they unautherisedly held a meeting in the Rest Shed situated in the premises of the Kalinga Tubes, Ltd. Petitioner No. 3 is the President of the Kalinga Tubes Mazdoor Sangha, Petitioner No. 4 is the Vice President thereof and Petitioner No. 1 is the Joint Secretary. All the four Petitioners excepting Petitioner No. 3 are the employees of the Kalinga Tubes, Ltd. It is alleged that the General Secretary of the Kalinga Tubes Mazdoor Sangha applied on 21 -9 -1964 to the authorities of the Factory for permission to hold a meeting at the Rest Shed but that the permission was refused and that in spite of the refusal of the permission, the meeting was hela -there on 23 -9 -1964 between 4 and 7 P.M. attended by a large number of workers. It is also alleged that in course of the meeting speeches were made which were insulting to and defamatory of the authorities of the Factory.

(2.) THE Petitioners pleaded not guilty They stated that on 23.9.1964 no meeting was held in the Rest Shed and no speeches were made which were either insulting to or defamatory of the Management. It is further stated that ever since the Union was formed, meeting are being held in the Rest Shed and that the present prosecution is resorted to only with a view to suppress the Petitioners who are the leaders of the Workers' Union.

(3.) IN view of the concurrent findings of the Courts below, the case has to proceed on the footing that on 23.9.1964 the Petitioners held a meeting in the Rest Shed located in the precincts of the Company, and in the said meeting they also delivered speeches. The question for consideration is whether this constitutes the offence of criminal trespass punishable under Section 147, Indian Penal Code. Section 441, Indian Penal Code which defines the offence consists of three essentials, namely, (1) Entry into or upon property in the possession of another, (2) If such entry is lawful then unlawfully remaining upon such property and, (3) such entry or unlawful remaining must be with intent -(i) to commit an offence; Or (ii) to intimidate, insult or annoy the person in possession of the property from the map filed in this case