SUKHINDER SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) At the instance of one S.S Grewal, a First Information Report No. 454 dated June 18, 1984, was registered at the Police Station, Central Chandigarh, against the petitioner Sukhinder Singh under sections 448 and 380, Indian Penal Code (fort short called the Code). After investigation of the case challan was presented by the Police in the Court of Judicial Magistrate I Class, Chandigarh. Charges under sections 448 and 380 of the Code were thereupon framed against the petitioner on October 8, 1986. In the instant petition under section 482, Code of Criminal Procedure, the petitioner has sought the quashing of the proceedings before the trial Court on the plea that these proceedings tentamount to abuse of the process of the Court.

(2.) The case against the petitioner, as alleged in the aforesaid First Information Report, is that Shri Buta Singh, father-in-law of the complainant, and the wife of Shri Buta Singh were owners of a house in Chandigarh. Shri Buta Singh passed away on 5-5-1984 leaving his widow to be the owner of the house. In the absence of the owner the complainant and his wife acted as care-takers of the house. It was brought to the notice of the complainant that on June 15, 1984 the petitioner had taken illegal possession of the house by breaking it open and has removed some valuable articles belonging to the owner of the house.

(3.) In support of this petition the first contention is that the allegations contained in the First Information Report do not disclose the commission of an offence. This contention is not acceptable. Section 448 of the Code provides punishment for criminal house trespass. Criminal trespass is defined In Section 441 of the Code as follows :- Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass.