STATE Vs. NUR HUSSAIN

JUDGEMENT

(1.) THIS is an appeal against an order dated 13 -5 -1974, passed by the Judicial Magistrate 1st Class, (City Judge) Jammu whereby he has acquitted the accused of a charge under Section 447 R. P. C. The land forming the subject matter of tresspass was in custodia legis by virtue of an order of attachment under Section 145 (4) Cr. P. C. Accordingly we agree with the trial magistrate that the act of tresspass committed by the accused really constituted dis -obedience of order of attachment and amounted to an offence under Section 188 R. P. C. and that the accused could not be prosecuted except on a complaint in writing of the magistrate. This is also the view taken in the case of Saladi Chandra Zao Versus Collakoti Sambayya (A. 1. R. 1958 A. P. 710) In the circumstances the prosecution of the accused based upon the charge sheet submitted by the police was incompetent. The trial magistrate has rightly dismissed the challan and acquitted the accused.

(2.) WE see no good ground for interference. The appeal is hereby dismissed.