TARA CHAND Vs. GOVERDHAN SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 439 Cr. P. C. filed against the judgment and order, dated 13. 10. 1970 passed by the Additional Sessions Judge. Mandi affirming on appeal the order of the Magistrate First Class, Mandi directing tile petitioner to pay a compensation of Rs. 30/- each to the 11 respondents under Section 250 Criminal P. C. or in default, to suffer simple imprisonment for a period of 30 days each.

(2.) TARA Chand petitioner had filed a complaint under Sections 447/427 I. P. C. against Goverdhan Singh and 11 others on the allegations that they had made a criminal trespass in Khasra No. 221 measuring 3. 13. 4 Bighas situate in village Parwara District Mandi on 20. 8. 1969. The land was in the lawful possession of the petitioner for over last 40 years.

(3.) THIS complaint was dismissed and the accused were discharged by the Magistrate First Class. According to the Magistrate, the complaint was false and frivolous and he therefore, issued notice, as required under Sub-section (1) of Section 250 Cr. P. C. calling upon the complainant to show cause why he should not pay compensation to the accused. The complainant filed his reply to the show cause notice, but the learned Magistrate was not satisfied with the same. Consequently, he passed the impugned order directing the complainant to pay a compensation of Rs. 30/- each to the accused.