SIRAJUDDIN Vs. DHARMA AND OTHERS
LAWS(ALL)-1965-5-19
HIGH COURT OF ALLAHABAD
Decided on May 12,1965

SIRAJUDDIN Appellant
VERSUS
Dharma And Others Respondents


Referred Judgements :-

NANI GOPAL DEB VS. BHIMA CHARAN RAKSHIT [REFERRED TO]


JUDGEMENT

Tripathi, J. - (1.)CRIMINAL Appeal No. 2150 of 1963 and Criminal Revision No. 1357 of 1963 arise out of a common judgment and therefore are being disposed of together.
(2.)THE learned Bench Magistrate at Agra convicted the Respondents under Section 448, I.P.C. and sentenced them each to undergo simple imprisonment for three months and also to pay a fine of Rs. (sic)200/ - each. In default of payment of fine each of them was to undergo one month's further simple imprisonment. Respondent Prem, however, was given the benefit of First Offenders Act and was directed to be released on probation of good conduct.
The learned Bench Magistrate also passed an order purporting to be under Section 522 (1) of the Code of Criminal Procedure directing the possession of the property in dispute to be restored to the Appellant.

(3.)ON an appeal the learned Sessions Judge, set aside the conviction of the Respondents and directed their acquittal. He also quashed the order of the Magistrate passed under Section 522, Code of Criminal Procedure and directed that the possession of the Respondents over the property be restored to them. This appeal by leave is directed against the appellate order of acquittal passed by the learned Sessions Judge and the revision is directed against his order setting aside the order of the Magistrate passed under Section 522, Code of Criminal Procedure
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