THINGUJAM TONA SINGH Vs. PUYAM GULAP SINGH

JUDGEMENT

(1.) THIS is an application under Section 561 -A of the Criminal Procedure Code to quash the criminal proceedings in Criminal Case No. 107 of 1958, Pending before the S.D.M., Thoubal.

(2.) THE facts leading to this application are briefly thus: The first respondent herein filed a complaint before the District Magistrate on 18 -10 -58 against the 3 petitioners and two others under Sections 143/147/447/506 I. P. G stating that they formed themselves into an unlawful assembly with the common object of committing criminal trespass on the ingkhol under patta No. 100/212 -Kh. and that they trespassed and ploughed the land by force. The case was taken on file and transferred to the S.D.M., Thoubal for trial. One of the accused was absconding and the Magistrate proceeded against the remaining 4 including the petitioners under Section 447 I.P.C. On 18 -4 -1959, the Magistrate explained the Particulars of the offence to the accused as required under Section 242 Cr. P.C. in summons cases and the accused pleaded not guilty.

(3.) IT was urged for the petitioners that the revival of the criminal case after the acquittal of the accused persons under Section 247 Cr. P.C. clearly violated the mandatory provisions of Article 20(2) of the Indian Constitution and of Section 403, Cr. P.C.