CHAUTHMAL Vs. PANNALAL

JUDGEMENT

(1.) THIS is a revision against an order of the Learned First Class Magistrate, Bhawani Mandi, dated 28th April, 1951, by which he declined to take cognizance of a case against certain persons on an interpretation of sec. 197 of the Code of Criminal Procedure. A revision to the learned Additional Sessions Judge was unsuccessful.

(2.) THE facts of the case are that the complainant Chauthmal filed a complaint in the court of Sub-Divisional Magistrate, Brijnagar, against the accused, who were officers of the Municipal Committee, Bhawani Mandi. Panna Lal accused No. 1 was the Secretary, Rajendrashanker accused No. 2 was the Sanitray Inspector, Bhanwarlal Chaudhry accused No. 3 was its President, Phoolchand Bhodhraj, and Kanwar Narainlal, accused Nos. 4, 5 and 6, were its members. THE allegations were that the complainant had got certain repairs and alterations made to his house situated at Bhawani Mandi some time in January, 1950. THE accused Nos. 3 to 6 with intention to cause loss and injury to the complainant ordered accused Nos. 1 and 2 to demolish the alterations and repairs, and the accused Nos. 1 and 2 carried out that order on the 14th of January, 1950. It was alleged that the accused were not empowered to make the demolition, and had in the act also committed trespass in the house of the complainant. It was prayed that the accused be dealt for offences under secs. 427 and 451 of the Indian Penal Code.