AIR 1960 BOMBAY 481 ::62 Bom LR 499 ::ILR (1961) Bom 131

Bombay High Court

Hon'ble Judge(s): Raju , J

(A) Criminal P.C. (5 of 1898) , S.249— Complaint u/S.447 Penal Code - Magistrate coming to conclusion that no prima facie case was made out - He can pass order u/S.249, without first following provisions of S.242 to S.244. A complaint under S. 447, Penal Code, is triable under Chapter XX, Criminal Procedure Code, as a summons case. Where the Magistrate comes to the conclusion that no case, not even a prima facie case, under S. 447, I. P. C., was made out, he is perfectly justified in stopping the proceedings under S. 249, Cr. P. C., without first following the procedure under Ss. 242 to 244 Cr. P. C. The words of S. 251A (2) Cr. P. C., cannot be read into S. 249 Cr. P. C., and the Magistrate before releasing the accused under S. 249, need not hear the accused and the complainant.(Para 6 7) The use of the word "discharge" by the Magistrate in his order under S. 249, merely amounts to a release of the accused and stopping of the proceedings without a conviction or an acquittal.(Para 7) (B) Penal Code (45 of 1860) , S.447— Trespass by landlord to take possession of his own land - Occupant claiming to be tenant - No criminal intention can be attributed. Trespass is civil. 52 Cri LJ 173 (PC), Relied on. ....