SANT Vs. UNION OF INDIA

JUDGEMENT

(1.) This reference and Criminal Reference No. 4 of 1961 can conveniently be dealt with together as common questions of law arise in both of them.

(2.) Sant Ram and Munshi Ram, the petitioners, were separately prosecuted for an offence under Section 447. I. P. C., for having trespassed upon land belonging to Government. When the petitioners appeared before the Court and the accusations were put to them they entered a plea of guilty and also undertook to give up possession. The learned Magistrate by judgments which have rightly been characterized by the learned Sessions Judge to be sketchy convicted the petitioners and sentenced petitioner Sant to pay a fine of Rs. 40/- and the other petitioner to a fine of Rs. 50/- and ordered the land trespassed upon to be restored to the respondent.

(3.) Applications in revision were filed before the learned Sessions Judge and in the main two points were raised. Firstly, that the petitioners could not have been convicted of the offence under Section 447, I. P. C., inasmuch as the respondent was not in actual possession of the land trespassed upon, and, secondly, that as the criminal trespass was not attended with force or show of force the order for restoration of possession made under Section 522, Cri. P. C., was without jurisdiction. The learned Sessions Judge rejected the first contention but was inclined to accept the second and accordingly made the recommendation that the order under Section 522, Cri. P. C., be set aside.