P C SAINGHINGI Vs. VANCHUMA

JUDGEMENT

(1.) This is a revision against the order passed by the Sub-Divisional Magistrate, Lungleh, who on receipt of the report submitted by an Advocate on the complaint made by the petitioner ordered that the charges leveled against the accused persons were "not reasonable" and accordingly, they were "freed from any liability of charges", however, the petitioner was allowed to occupy her house and the accused persons were warned not to repeat the performance in future.

(2.) The case of the petitioner-complainant is that on November 3, 1980 at 7 a.m. the opposite parties trespassed into her house, put on the screw, occupied her house and turned her out with her minor children. Thereafter, when the petitioner returned back she found the doors of her house locked from outside, and, she could not enter her house. She lodged a complaint in the Court of Sub- Divisional Judicial Magistrate, Judicial Branch) Lungleh, against the opposite parties alleging commission of offences. However, learned Magistrate passed the Impugned order on the basis of an enquiry report submitted by Shri Saingura Saito, Advocate.

(3.) It may be stated here that in Mizoram, spirit and not the letters of the Criminal Procedure Code is followed. However, what I find from the Impugned order is that substantial justice has been done to the petitioner who has been granted quick remedies as well. Instead of waiting a long period to get back possession of the house she got an order from the court to re-occupy the same forthwith. Further, the accused persons were also warned and cautioned not to repeat the performances. As a result thereof the petitioner is protected and if any of the accused violates the order they would not only be liable for prosecution for commission of the offence but they may be liable for contempt of Court. Further, the order enables her to take possession of the house. If in fact she has got possession of the house I feel that substantial justice has been done in the case. However, if the petitioner is yet to get the possession of the house, she can ask for it and have an order from the learned Magistrate, authorising her to re-occupy the house with police help, if necessary.