D.S. Mathur, J. - (1.) This is an application in revision by Sher Andil Khan and nine others against the order of the Magistrate not discharging them of an offence punishable under Section 448, I.P.C.
(2.) The case was started on the complaint of Hajee Manzoor Ahmad, presented before the Magistrate on 17-12-1962, It was alleged therein that one Eknawaz Khan Kabli had wrongly occupied the house belonging to him and to his brother, Dr. Maqbool Ahmad, during the time the house was under the management and control of the Custodian; that on 1-6-1962 the Rent Control Inspector came to the complainant to make an inquiry and then he (Complainant) came to know that the present applicants had made an application for allotment of the house; and that thereafter he served a notice dated 22-9-1962 on the present applicants calling upon them to vacate the house by October 4, 1962. The complainant's case is that the applicants did not vacate the house and their occupation thereof amounts to house trespass as defined in Section 442, I.P.C. and they have committed an offence punishable under Section 448, I.P.C.
(3.) Section 441, I.P.C. was amended under the Criminal Laws (U.P. Amendment) Act, 1961 and the amended section runs as below. "Whoever enters into or upon property in 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. or, having entered into or upon such property, whether before or after the coming into force of the Criminal Laws (U.P. Amendment) Act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property, or its possession or use when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice. is said to commit criminal trespass." House trespass as defined in Section 442, I.P.C. is criminal trespass for entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property.;